2022 Artist Residency Appstakes at McDonald's
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning. Refer to Rule 3.B. below for details on how to enter without making a purchase and link to entry form. A valid email address is required to participate. You must be opted in to the MyMcDonald’s Rewards program to receive an entry with purchase of a Qualifying Meal.
Each potential winner (and any minor winner’s parent or legal guardian for themselves and on behalf of the minor) may be required to participate in the prize fulfillment process and sign documentation, such as a release, as more fully detailed below, as a condition of being awarded a prize.
By participating, you (and any minor participant's parent or legal guardian for themselves 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 Appstakes will be decided by binding arbitration (found in Rule 12).
1. Appstakes Description.
McDonald’s USA, LLC (the “Sponsor”) is treating their customers to a unique, artist-inspired experience with a limited-time Big Mac® Combo Meal and 10 pc. Chicken McNuggets® Combo Meal that are served in a limited-time, custom-designed box by Cactus Plant Flea Market (our artist in residence) and that also include one of four collectible McDonaldland characters. To help celebrate, when an eligible customer who is opted in to the MyMcDonald’s Rewards program purchases a Cactus Plant Flea Market Big Mac® Combo Meal or Cactus Plant Flea Market 10 piece Chicken McNuggets® Combo Meal (while supplies last) and uses the McDonald’s App in connection with that purchase (described in Rule 3) they will receive one entry into the 2022 Artist Residency Appstakes at McDonald’s (“Appstakes”). Participants can also enter without making a purchase via the alternate method of entry (“AMOE”) (all as described in Rule 3).
The Entry Period begins on October 3, 2022, at 12:00:00 a.m. local time and ends on October 30, 2022, at 11:59:59 p.m. local time ("App Entry Period") and includes four weekly entry periods (each a "Weekly Entry Period") and a final drawing. Participants can also enter without making a purchase via the alternate method of entry ("AMOE") beginning October 3, 2022, at 12:00:00 a.m. Eastern Time ("ET") and ending on October 30, 2022, at 11:59:59 p.m. ET ("AMOE Entry Period"). Where distinction is not necessary, the App Entry Period and AMOE Entry Period are referred to collectively as the "Entry Period". Refer to Rule 3 for all purchase entry and AMOE details.
Weekly Entry Period Entry Starts 12:00:00 a.m. LT Entry Ends 11:59:59 p.m. LT AMOE Ends 11:59:59 p.m. ET Drawing Date (approximately) 1 10/3/22 10/9/22 10/9/22 10/24/22 2 10/10/22 10/16/22 10/16/22 11/14/22 3 10/17/22 10/23/22 10/23/22 11/14/22 4 10/24/22 10/30/22 10/30/22 11/14/22 Final Drawing 10/3/22 10/30/22 10/30/22 11/14/22
The database clock for the servers operating the McDonald's App and the AMOE entry form website will be the official timekeeping devices for the Appstakes. Except as otherwise specifically stated in these Official Rules, all times mentioned in these Official Rules are local time. A day is the 24-hour period beginning at 12:00:00 a.m. and ending that same day at 11:59:59 p.m. (a "Day").
2. Who Is Eligible To Enter/Win.
The Appstakes is open only to individuals who are currently residing in one of the 50 United States or District of Columbia (the "Territory") and who are 16 years of age or older on the Day of participation. Void where prohibited. An eligible individual who attempts to enter the Appstakes is referred to in these Official Rules as a "Participant". (Any Participant who is 16 or older, but younger than the age of majority in their jurisdiction of residence, is referred to in these Official Rules as a "Minor".) Any Minor should only use Mobile Order & Pay or enter the Appstakes with the permission of their parent/legal guardian. 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.
Persons in any of the following categories are not eligible to participate in the Appstakes: any person who on or after April 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 ("Sponsor"), its parent company or its 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 Appstakes materials or of any entities retained by Sponsor or its agencies to assist in any way with the administration or advertisement of the Appstakes or the development of the McDonald's App;
- d. an immediate family member (defined as spouse, IRS dependent or biological, foster, in-law, adoptive or step- parent, sibling or child) or anyone who resides in the same household as, any person in any of the preceding categories.
3. How To Enter The Appstakes.
There are two ways to enter the Appstakes:
A. During the App Entry Period, use the McDonald’s App in connection with the purchase of a Cactus Plant Flea Market Big Mac® Combo Meal or a Cactus Plant Flea Market 10 pc. Chicken McNuggets® Combo Meal:
An eligible Participant who is opted in to the MyMcDonald’s Rewards program will automatically receive one entry into the Appstakes (each an “Entry”) for the applicable drawing based on the date (refer to Rule 1) when using the McDonald’s App in connection with the purchase of a Cactus Plant Flea Market Big Mac® Combo Meal or a Cactus Plant Flea Market 10 piece Chicken McNuggets® Combo Meal (each a “Qualifying Meal”) from any participating McDonald’s restaurant (while supplies last). You can use your McDonald’s App in connection with the purchase of a Qualifying Meal by using Mobile Order & Pay (for pickup or McDelivery); by using the 4-digit code or scannable code generated by the McDonald’s App to earn loyalty points; by redeeming a deal or MyMcDonald’s reward; or by paying using a linked card in your McDonald’s App using the 4-digit code or scannable code generated by the McDonald’s App. An entry will only be valid for one entry in the applicable drawing period based on the date and time of actual purchase and for one entry in the final drawing. 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 in Rule 3.B. below on how to enter without making a purchase.
How to Get/Use the McDonald's App: The McDonald's App offers eligible customers the ability to place orders and pay (with the card on file or loyalty points) via the McDonald’s App ("Mobile Order & Pay") at participating McDonald's restaurants. The McDonald's App is free, but only available in the App Store or Google Play (for iOS/Android). In the App Store, compatibility requires iOS 14.0 or later for iPhone® and iPod Touch®. In Google Play, compatibility requires Android 11.0 or later. Use of the McDonald's App is subject to the Terms & Conditions for the McDonald's App, which can be found in the "Careers, Contact & Legal" tab in the McDonald's App menu. To enter the Appstakes using the McDonald's App, you will need a Digital Device (defined below) and a valid email address. Eligible Participants must first download and install the McDonald's App on their qualifying iOS or Android Device (e.g., an iPhone®, Android phone or iPod Touch®, Android Galaxy Tablet, etc.) (each a "Digital Device") if they do not already have the current version of the McDonald's App installed. Data rates may apply. (A customer under the age of majority should only use mobile payment with the permission of a parent/legal guardian.)
Once you have downloaded the McDonald's App, complete the registration process for the McDonald's App, including providing a valid email address. You will need to enable "Location Services" and include your email address in your McDonald's App settings in order to use Mobile Order & Pay. Note that the winner will be notified via email.
B. During the AMOE Entry Period, enter without making a purchase:
To receive one Entry without making a purchase, click on this AMOE link and you will then be directed to an AMOE form that you must complete by providing your first and last name and email address, confirming email, phone number and birthday and checking the box to confirm that you have read and agree to the Official Rules and that you are eligible to enter the Appstakes. When you submit the entry form and it is successfully received and recorded by the website servers, that will be the date and time of the submitted AMOE Entry. AMOE Entries are recorded in ET, regardless of where in the Territory the Participant is located and will only be valid for one entry in the drawing period based on the recorded time and date of Entry, and one entry in the final drawing. AMOE Entries must be received by the deadline indicated in Rule 1 for each Weekly Entry Period and no later than October 30, 2022, at 11:59:59 p.m. ET for the final drawing.
There is a limit of one Entry per Participant per Day (regardless of Entry method and regardless of the number of Qualifying Meals purchased. Any subsequent entry(ies) on the same day will be disqualified and any person submitting purported entries in excess of the above-stated limit may be disqualified in Sponsor's sole discretion. Participants may not share an email address with any other participant for purposes of entering the Appstakes. An Entry is only valid for one Weekly Entry Period based on the date/time of entry and is not valid for any subsequent Weekly Entry Periods. All eligible Entries are eligible for the Final drawing.
4. Drawing/Odds of Winning.
On or about October 24, 2022, the Redemption Center will conduct a random drawing to select the potential winners for Weekly Entry Period 1 from among all Entries received for Weekly Entry Period 1; On or about November 14, 2022, the Redemption Center will conduct separate random drawings to select the potential winners for Weekly Entry Periods 2, 3 and 4 from among all eligible Entries received for each of Weekly Entry Period 2, 3 and 4. The Redemption Center will also conduct a Final Drawing on or about November 14, 2022, to select one potential winner from among all Entries received throughout all four Weekly Entry Periods. The odds of winning a prize in any of the drawings will be determined by the number of Entries received from all entry methods for the corresponding entry period for each drawing. Limit one Weekly Entry Period prize per Participant.
5. Winner Notification.
Sponsor or Sponsor's redemption center (the "Redemption Center") will notify the potential winners by email within approximately three business days after the applicable random drawing. The potential winner must electronically complete the prize claim form ("Prize Claim Form") included in the notification, must submit the completed Prize Claim Form within five business days of receipt of the prize notification email in accordance with the notification instructions therein and provide the Redemption Center with all requested information, which may include, without limitation: Participant’s first and last name, street address, city, state, ZIP Code and phone number. Once the information is received and verified by the Redemption Center, the prize will be shipped to the winner within the United States for receipt in approximately four to six weeks from date of verification.
If the potential winner is an eligible Minor, the prize may be awarded to or in the name of winner’s parent/legal guardian, who must complete the Prize Claim Form and agree to all obligations and undertakings of a winner, both on behalf of themselves and the Minor winner, or the prize may be forfeited in its entirety.
All requested information from the Redemption Center as well as any Prize Claim Forms received after the deadline shall be deemed void, and the potential winner may be disqualified. Prize Claim Forms that are complete and duly submitted to the Redemption Center within the required period will be verified within approximately four weeks after the Prize Claim Forms are received, or as soon thereafter as reasonably practical, and once verified, the applicable prize will be delivered to the winner’s address provided during the claim process.
If the potential prize winner cannot be reached after Sponsor or its representative has made a reasonable effort to contact them, declines a prize for any reason, or fails or refuses to properly sign and return the Prize Claim Form by the redemption deadline or if the Prize Claim Form or any portion of a prize is returned as unclaimed or undeliverable to any potential winner, or if it is discovered that a potential winner made any false statement in any Prize Claim Form, or if the potential prize winner is at any time found to be ineligible or otherwise in violation of these Official Rules (including, without limitation, by using multiple sets of contact information or any other method in an attempt to circumvent the above-stated Entry limitations), that a potential winner has registered for the Appstakes using more than one email address or Digital Device, or if the potential winner declines a prize, or fails to comply with these Official Rules, such potential winner will be disqualified and will forfeit the prize and all rights to the prize they otherwise might have received.
The Sponsor will attempt to award any such prize to an alternate winner, but will not pursue more than three alternates for each prize, time permitting. The submission of the Prize Claim Form is solely the responsibility of the potential winner or their parent/legal guardian if the potential winner is a Minor. Prize Claim Forms submitted become the sole property of Sponsor and will not be returned; Sponsor shall not be responsible to correspond with Participants.
Two Hundred Fifty Weekly Entry Period 1 Prizes: Each verified winner will receive one Cactus Plant Flea Market and McDonald’s logo’d tee-shirt, adult size L; designed by Cactus Plant Flea Market for this partnership; Approximate retail value ("ARV"): $60.
One Hundred Weekly Entry Period 2 Prizes: Each verified winner will receive one Cactus Plant Flea Market and McDonald’s logo’d hoodie, designed by Cactus Plant Flea Market for this partnership, adult size L; ARV: $150.
Ten Weekly Entry Period 3 Prizes: Each verified winner will receive one adult-sized, Grimace-inspired chair designed by Cactus Plant Flea Market exclusively for the Appstakes; ARV: $599.
One Weekly Entry Period 4 Prize: Verified winner will receive one custom-designed McDonald’s Cactus Plant Flea Market Set Sign, used during production, ARV: $599.
One Final Drawing Prize: The verified winner will receive one Cactus Plant Flea Market tee-shirt, adult size L, ARV: $60; one Cactus Plant Flea Market hoodie, adult size L; ARV: $150. ARV of the entire Final Drawing Prize is $210.
Total Number of All Prizes: 362; Total ARV of All Prizes: $36,799.
7. Prize/Entry Conditions/Restrictions.
A. 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 Appstakes. Any person attempting to forge Prize Claim Documents or defraud Sponsor or any of the Appstakes Entities (defined below) in any way 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 declared to be the registered account holder of the email address associated with the disputed Entry, but only if that person meets all other eligibility criteria and can prove ownership of the email address upon Sponsor’s request. Otherwise, the Entry may be disqualified, and any potential prize won will be forfeited in Sponsor’s sole discretion.
B. Prize Terms And Restrictions: Any and all costs, fees not expressly stated in the prize description are the sole responsibility of the winner. Any difference between the approximate retail value and the actual value will not be awarded and any difference will not be refunded. No insurance is provided as part of the prize, and obtaining any insurance is the sole responsibility of the Winner.
All details and other restrictions of prizes not set forth in these Official Rules (including, without limitation, size of or color of clothing and color and size furniture) will be determined by Sponsor in its sole discretion. Sponsor reserves the right to refrain from conducting any advertising or publicity associated with a winner for any reason. There is no transfer, substitution or cash equivalent for any prize, except that Sponsor in its sole discretion can substitute a prize for a prize of equal or greater value if a prize is not available for any reason. All income taxes (including, without limitation, federal, state and/or local income taxes) on or connected with any prize, and the reporting consequences thereof, are solely the responsibility of the winner. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
8. General Release And Conditions Of Participation.
Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Documents. Sponsor and its parent company, subsidiaries, affiliates, related companies, franchisees, local advertising cooperatives, McDonald’s App and Website developers, digital/advertising/promotion agencies, the Redemption Center and all of their respective shareholders, officers, directors, agents, representatives and employees (individually and collectively "Appstakes Entities") are not responsible for:
- a. incomplete, misdirected, late, lost, garbled, unintelligible, damaged, stolen, non-delivered or postage-due submissions of Prize Claim Documents or other Appstakes-related materials whether caused by Participants, 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 accessing the McDonald’s App, participating in the Appstakes or claiming an Appstakes 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 or 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, including in any Appstakes materials or any Prize Claim Documents;
- 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 the McDonald's App or tampering, hacking, or by any equipment or programming associated with, or utilized in the Appstakes, including, without limitation, Entries that are submitted by automated computer programs or other illegitimate means;
- h. the incorrect or inaccurate capture of information or the failure to capture or loss of any information; or
- i. communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in a Participant’s email or voicemail inbox.
Sponsor reserves the right to restrict or void entries or participation from any IP address, Digital Device or other identifiable source if it detects any suspicious entry and/or participation.
Important: By participating in the Appstakes, each Participant hereby releases and agrees to hold the Appstakes 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 Appstakes or any Appstakes-related activity or the receipt, use or misuse of any prize.
Participants waive the right to assert as a cost of winning any prize, any and 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 Appstakes, each verified 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 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 Appstakes and other promotions without further compensation (except where prohibited by law), and releases the Appstakes Entities from any liability with respect thereto.
9. Digital Device Requirements.
Using a Digital Device and/or operating system not supported by the McDonald's App may prevent participation in the Appstakes via the McDonald's App. Your Digital Device also must support the operating system that the McDonald's App requires for your specific device. 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:
- AndroidTM 11.0+
- iOS 14.0+ compatible with iPhone® and iPod Touch®
10. Disclaimer Of Warranties.
To the fullest extent permitted by applicable law, the Appstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize in connection with the Appstakes. Without limiting the generality of the foregoing, such prizes are provided "as is" without warranty of any kind, either express or implied, and, to the fullest extent permitted by applicable law, the Appstakes Entities hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
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, such 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 Appstakes. 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 Appstakes; 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 Appstakes, 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 Appstakes, in whole or in part, or modify, suspend or extend the Appstakes or Appstakes materials in any way, if it determines, in its sole discretion, that the McDonald's App, any Appstakes materials and/or Prize Claim Documents reflect printing, production or other errors, or if it determines, in its sole discretion, that the Appstakes 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, integrity and/or feasibility of the Appstakes. In the event Sponsor is prevented from continuing with the Appstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, pandemic, earthquake, explosion, labor dispute or strike, acts 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 Appstakes. Only the type and quantity of prizes described in these Official Rules will be awarded.
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 Sponsor or its parent company, subsidiaries, affiliates, related companies, franchisees, local advertising cooperatives, McDonald's App and Website developers, digital/advertising/promotion agencies, the Redemption Center or any of their respective shareholders, officers, directors, agents, representatives or employees in connection with the Appstakes 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.
Except as otherwise contemplated in these Official Rules, Participants' contact information collected by Sponsor in connection with the Appstakes will be used by Sponsor in accordance with the Sponsor's Privacy Statement.
12. Dispute Resolution.
A. Appstakes Entities:
By participating in this Appstakes, each Participant agrees that:
- a. any claim, dispute or controversy (whether in contract, tort or otherwise) Participant may have against any of the Appstakes Entities arising out of, relating to or connected in any way with the Appstakes, the awarding or redemption of the 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");
- b. 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;
- c. 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;
- d. 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 Appstakes;
- e. the arbitrator shall apply Illinois law for claims against Sponsor consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
- f. 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;
- g. 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
- h. with the exception of subpart (f) 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 (f) 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.
13. Official Rules.
These Official Rules will be available at www.mcdsartistresidency.com during the Entry Period.
14. Winners List.
For a list of Official Winners, visit www.mcdsartistresidency.com/winners after the Appstakes is over until December 31, 2022. The list will be available when the Appstakes is officially over, and the prizes have been verified and awarded.
McDonald’s USA, LLC, 110 N. Carpenter St., Chicago, IL 60607-2101.