https://www.facebook.com/McDonaldsAU/app_763247717049410Name Our Next Burger
Now that you’ve helped us build our next burger, we need your help to name it.
For the chance to WIN $10,000
what would you name this burger?
In 25 words or less, tell us why you chose that nameCONDITIONS OF ENTRY
1. Information on how to enter, mechanics of entry and the Prize form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is via Internet only.
ELIGIBILITY
2. Entry is only open to Australian citizens and permanent residents (Australian Residents) aged 16 years or older who remain Australian Residents for the duration of the Promotional Period (Entrants). The directors, management and employees (and their immediate families, including their children and wards, and other persons residing in their household) of the Promoter, its related entities, corporations or franchisees, printers, suppliers, providers and agencies directly associated with the conduct of this promotion are ineligible to register and participate in the promotion.
3. Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the promotion and provide Personal Information about themselves. All Entries of Entrants who are under the age of 18 years and enter the promotion without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Conditions of Entry will bind the Entrants and any parent or legal guardian who gives their consent (for Entrants aged under 18 years). If the winner is aged under 18 years, the Prize will be awarded to the parent or legal guardian who consented to the winner entering the promotion on behalf of the winner, at the sole discretion of the Promoter.
PROMOTIONAL PERIOD
4. The promotion starts at 12:01am (AEST) on 11/6/2014 and ends at 11:59pm (AEST) on 12/6/2014 ( Promotional Period).
HOW TO ENTER
5. To enter the promotion, Entrants must, during the Promotional Period:
a. visit the McDonald’s Australia page on Facebook made available at
www.facebook.com/McDonaldsAU and click on the ‘Name Our Next Burger’ link to access the promotional page (Promotional Page);
b. follow the prompts on the Promotional Page in the manner required to fully and correctly submit the online entry form, including providing their full name, phone number and current and valid email address;
c. submit a suggested name for a Macca’s burger displayed on the Promotional Page (Burger Name). The Burger Name may comprise of one or more “words” but must not be more than forty (40) English language characters (including any spaces) and must comply with the Judging Criteria set out in Condition 15;
d. submit in twenty-five (25) words or less why the proposed Burger Name should be chosen to be utilised as the name of the new Macca’s burger; and
e. submit, at their option, what they think the secret ingredient is in the Macca’s burger displayed on the Promotional Page. This step is optional and any submissions in response will NOT be considered for the purpose of Judging and determining the winner in this promotion,
(together, an Entry).
6. Multiple Entries are accepted however each Entry must be submitted separately, must be substantially unique and must independently comply with these Conditions of Entry. An Entrant must not submit the same Burger Name in more than one Entry.
7. Without limiting any of the provisions of these Conditions of Entry, the Promoter requires that each Entry fully complies with these Conditions of Entry and must not include or make reference to the Intellectual Property Rights of any person including but not limited to any visible logos, drawings, cartoons, phrases, trade marks, copyrighted material, mark that identifies a brand or other third party materials (including but not limited to copyrighted material, trade mark, logo or mark that identifies a brand), unless the Entry is submitted with the written consent of the owner of the applicable Intellectual Property Rights. An Entry submitted without obtaining such written consent may result in the Entry becoming invalid for the purposes of this promotion and/or the Entrant being subject to legal liability. The decision by the Promoter to accept or reject an Entry is in the Promoter’s sole discretion and no correspondence will be entered into. Once an Entry is submitted, Entrants acknowledge that the Entry may not be withdrawn, altered or deleted (except as and where required by the Promoter). Any Entry that contains content that the Promoter, in its sole discretion, considers to be offensive, obscene, crude or inappropriate in any way or that the Promoter considers may infringe any Intellectual Property Rights or other rights of any person, corporation or entity will not be accepted as an eligible Entry into the promotion. This includes but is not limited to any Entry which the Promoter considers to be disparaging of any of its or any Prize supplier’s products and/or services or is otherwise not in keeping with the spirit of the promotion.
8. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other internet users. The Promoter may delete any content posted on the Promotional Page in accordance with its or Facebook’s prevailing terms and conditions of use. Any Entries that are removed by the Promoter will not be considered eligible Entries for the purposes of this promotion. The Promoter is not responsible and excludes all liability (to the greatest extent allowable by law) for the content of any Entries submitted for the purposes of this promotion (including but not limited to any illegal, incorrect or inaccurate content and third party advertising).
9. All right, title and interest in all Intellectual Property Rights in all of the Promoter’s brands, logos, trading names, products and/or services and the Promotional Page will remain or be vested in the Promoter. Participation in this promotion by an Entrant will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Promoter’s brands, logos, trading names and products and/or services.
10. Entrants acknowledge that their Entry and their first name and/or Facebook profile photograph may be featured on the Promotional Page for public viewing for an unlimited period of time. Entrants also acknowledge that their Facebook profile, wall and news feed may be updated by entering or participating in the promotion. Facebook membership, Facebook pages, the ‘liking’ of Facebook pages, Facebook applications and use of Facebook generally is subject to the Facebook prevailing terms and conditions of use available at
www.facebook.com/policies. The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. Entrants are solely responsible and liable for the content of their Entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, Facebook and its associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about the promotion must be directed to the Promoter and not to Facebook.
11. Entries must be submitted in the manner required and received by the Promoter during the Promotional Period. Entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. Entries received will be considered final by the Promoter. Incomplete, inaccurate, erroneous, ineligible or incomprehensible Entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected Entries. Contact details entered incorrectly by an Entrant on the Promotional Page will deem an Entry invalid.
12. Costs associated with accessing the Promotional Page remain an Entrant’s responsibility and may vary depending on the Internet service provider used.
13. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all Entries submitted by that Entrant invalid.
JUDGING
14. All eligible Entries received during the Promotional Period will be judged by a panel of appropriately qualified judges (Judges) at 12:00 pm (AEST) on 13/6/2014 at 32 Pyrmont Bridge Rd Pyrmont, Sydney 2009 NSW, Australia to determine one (1) winner judged to be the best from all eligible Entries received (Judging). This is a game of skill and chance plays no part in determining the winner.
15. All eligible Entries will be judged against the following criteria (Judging Criteria): (a) a name which uses creativity and originality in its development; (b) a name with brand relevance and customer appeal; (c) a name which best represents the burger (product fit); (d) a name which is compliant with all trade mark, intellectual property and other laws; and (e) a name which uses appropriate language. Any Entries which fail to comply with the Judging Criteria will not be considered in the Judging.
16. The winner will be notified by telephone and in writing (email) and their name and winning Entry may be published on the Promotional Page by 20/8/2014. All reasonable steps to notify the winner of the results of the judging will be taken by the Promoter. Judges’ decision is final and no correspondence will be entered into.
17. In the event the winner cannot be contacted by the Promoter by 5:00 pm (AEST) on 13/6/2014, or if an Entrant is ineligible to accept, or declines to accept the Prize, the Promoter may, in its sole discretion, contact the Entrant whose Entry was judged to be the next best Entry in the Judging to award a Prize. The Promoter will continue this process until the Prize has been awarded.
18. The Promoter and the Judges reserve the right to determine that all Burger Names received are not of a sufficient or appropriate standard when assessed against the Judging Criteria. Should this occur, the Entrant who submitted the Entry judged to be the best from all eligible Entries received will be awarded the Prize but the Burger Name submitted in their winning Entry will not be utilised as the name of the new Macca’s burger.
19. Notwithstanding any other provision of these Conditions of Entry, neither the Promoter nor any related entity is obliged to use any Burger Name, including any winning Burger Name, in relation to the promotional burger, or any other product.
PRIZE
20. The Entry judged to be the best from all eligible Entries received will win AUD$10,000.00 cash ( Prize). The Prize will be provided to the winner by a cheque made payable to the winner or their parent/guardian.
21. Total maximum prize pool value is up to AUD$10,000.00. The Prize is not transferable or exchangeable. The Prize must be taken as offered and cannot be varied. The Promoter accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in Prize value.
GENERAL
22. The winner agrees that they will not disclose any information whatsoever (creative or otherwise) about the promotion without the Promoter’s prior written approval in each instance, including but not limited to the results of the Judging until a time and date specified by the Promoter in its sole discretion. Any disclosure whatsoever about the promotion without the prior written approval of the Promoter may subject the winner to substantial monetary damages. If the Promoter suffers Loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by the winner, the winner agrees to indemnify the Promoter for those Losses, damages and costs.
23. All Entries become, at time of submission, property of the Promoter. By entering this promotion, each Entrant absolutely and unconditionally assigns to the Promoter all right, title and interest in all Intellectual Property Rights in their Entry. Each Entrant must, upon request by the Promoter, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in their Entry in the Promoter. Each Entrant expressly consents pursuant to the Copyright Act 1986 to the Promoter having an unfettered right to treat an Entrant's Entry in any manner at its sole discretion, to alter the Entry in any manner and to the Promoter not attributing authorship of the Entry to the winner.
24. By entering the promotion, each Entrant agrees that his/her Burger Name may, for no further consideration, be used by any one or more of the Promoter, its related entities and franchisees for any purpose, including but not limited to use in relation to any products marketed by any of them, at anytime, anywhere in the world.
25. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim the Prize, and any information submitted by the Entrant in entering the promotion, before issuing the Prize (including confirming consent of an Entrant’s parent or legal guardian and the name, age and address of the parent or legal guardian that gave their consent, where an Entrant is under 18 years of age). If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s satisfaction then all the Entries of that Entrant will be ineligible and deemed invalid.
26. The Promoter reserves the right to verify the validity of any and all Entries and reserves the right to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an Entry which is not in accordance with these Conditions of Entry; or (c) if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. The Prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
27. It is a condition of accepting the Prize that the winner may be required to sign a legal release or releases in a form determined by the Promoter in its absolute discretion.
28. Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Promotional Page or the information on the Promotional Page, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil Laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those Losses, damages and costs.
29. If the Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize of equal or greater value will be awarded in lieu.
30. If this promotion is not capable of running as planned for any reason, including but not limited to war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or, if necessary, to provide an alternative prize to the same value as the original Prize.
31. The Promoter, its franchisees and associated agencies and companies excludes all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable Consumer Guarantee under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged registrations, prize claims or prizes; and/or (iv) acceptance and/or use of the Prize.
32. As a condition of entering this promotion, an Entrant consents to, in the event they are the winner, the Promoter using the Entrant’s Entry, name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that, in the event they are the winner, the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents.
33. The Promoter is committed to helping its customers make informed decisions about their food and beverage choices. The Promoter provides healthier food and beverage options for adults and children and ensures nutritional information is easily accessible to its customers. Nutritional information is available on websites, including on the Promoter's website (
www.mcdonalds.com.au), in McDonald's Restaurants and, wherever possible, on product packaging.
PRIVACY
34. The Promoter collects Personal Information about an Entrant to include the Entrant in a promotion and, where appropriate, award prizes. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible. The winner will be required to confirm their Personal Information provided at time of registration and submit any other details requested by the Promoter (which may include their ordinary postal address in Australia, if applicable) in the manner and time required, otherwise their Prize may be forfeited. Incorrect, incomplete, erroneous or ineligible registration and other details confirmed by an Entrant at time of winner notification will deem the Entrant ineligible.
35. An Entrant agrees that the Promoter may, in the event the Entrant is the winner, publish or cause to be published the Entrant’s name and locality in any media.
36. An Entrant can gain access to, update or correct any Personal Information held by the Promoter by contacting the Promoter's Privacy Officer via email:
privacy@au.mcd.com or by mail at McDonald's Australia Limited (Attention: McDonald's Privacy Officer), PO Box 392, Pennant Hills NSW 2120 Australia. All Personal Information will be stored by the Promoter in accordance with the Promoter's Privacy Policy. A copy of the Promoter's Privacy Policy in relation to the treatment of Personal Information collected may be obtained by contacting the Promoter and is made available at
https://mcdonalds.com.au/privacy-policy. These Conditions of Participation will prevail to the extent of any inconsistency between these Conditions of Participation and the Promoter’s Privacy Policy.
37. If the Promoter collects an Entrant’s Personal Information, the Promoter will provide to the Entrant, at time of entry into the promotion, a collection statement that complies with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012.
38. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “ Intellectual Property Rights” means all present and future rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory mandatory codes of conduct, writs, orders, injunctions, judgments, and generally accepted accounting principles in Australia. “Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
39. Promoter: McDonald’s Australia Limited, (ABN 43 008 496 928), of 21–29 Central Avenue, Thornleigh NSW 2120. Phone: (02) 9875 6666.
Australian Competitions Club
