The Voice of McDonald’s® V Singing Contest for Crew and Managers Amended Terms and Conditions
Each Global Semi-Finalist in the Voice of McDonald’s Singing Contest (“Contestant”) must be continuously employed (including any valid leaves of absence) by a McDonald’s restaurant through May 9, 2014 (the “Contest Period”) and be in good standing (beginning at the time of entry through the time the prize is awarded). Individuals employed by a McDonald’s restaurant at the time of entry who are thereafter promoted to a non-restaurant position with McDonald’s Corporation (alternatively referred to herein as “McDonald’s”), or a subsidiary, licensee, affiliate or franchisee of McDonald’s, will not be disqualified from participating. By participating in the Global Final Competition (consisting of a semi-final round and a final round, collectively referred to herein as the “Global Final Competition”), each Global Semi- Finalist (and his/her guest or parent or legal guardian, if the Global Semi-Finalist is a minor) unconditionally accepts and agrees to comply with these Global Final Competition Terms and Conditions (“Terms and Conditions”) and the decisions of McDonald’s Corporation (“Sponsor”), which shall be final and binding in all respects.
All who compete in an AOW Contest or in the Global Final Competition in Orlando acknowledge that he/she must meet minimum immigration and travel obligations of the jurisdiction of travel and his/her country of residence.
Participation in the Global Final Competition does not and will not constitute or be deemed to constitute a guarantee of continued employment or employment for a specified term or to grant any rights respecting employment that Contestant does not have under the laws and legal regulations of the country in which Contestant is employed. Where the context permits or requires, “Sponsor” shall also include any representative of Sponsor. All United States federal, state and local laws and regulations apply. Void where prohibited by law.
When determining whether an employee of a corporate-owned restaurant is in "good standing," McDonald's, in its sole discretion, may consider factors including, but not limited to, job performance, disciplinary action (past or current), attendance and conduct during the Contest Period.
Franchisee Employees Only: Contestant acknowledges that he/she is not an employee of McDonald’s, but is employed by a franchisee of McDonald’s. These Voice of McDonald’s Terms and Conditions are not intended to establish any employment relationship between Contestant and McDonald’s. All decisions affecting employment, including pay, will remain at the discretion of such franchisee. Determinations as to whether an employee of a franchisee restaurant is in “good standing” for purposes of participation in the Voice of McDonald’s is at the sole discretion of the franchisee, or someone elected by such franchisee.
Any previous Voice of McDonald’s Global Semi-Finalists who competed at Worldwide Conventions are also excluded from entering the Voice of McDonald’s V Global Contest. At the discretion of the Area of the World (“AOW”), they may be eligible to participate in VOM V events and promotional activities, and may be eligible to compete in VOM V AOW and Country Contests.
2. GLOBAL FINAL COMPETITION DETAILS:
- Prior to attending the Global Final Competition, the Global Semi-Finalist must provide McDonald’s Corporation with at least one (1) song choice that he/she wishes to perform at the Global Final Competition. McDonald’s will be responsible for obtaining the instrumental musical track or live band music (as determined by McDonald’s in its sole discretion) for the songs specified by the Global Semi-Finalist. If for any reason, the instrumental musical track or live band music for the Global Semi-Finalist’s song choice cannot be obtained, Global Semi-Finalist must select an alternate song choice. McDonald’s has the final discretion as to the choice of song to be performed by Global Semi-Finalist at the Global Final Competition.
- Subject to the limitations of paragraph 2.a above, performance at the Global Final Competition can be in any language and any type/style of music and should not exceed 3 minutes in length.
- Global Semi-Finalists may be required to arrive in Orlando up to ten (10) days prior to the start of the Worldwide Convention. Global Semi-Finalists will be attending the 2014 McDonald’s Worldwide Convention from approximately April 28, 2014 to May 1, 2014. There will be scheduled rehearsal times specified by McDonald’s in its sole discretion. Global Semi-Finalists will be expected to attend all rehearsals at the times specified by McDonald’s.
- Sixteen (16) Global Semi-Finalists will compete in the semi-final round, which is scheduled to be held on April 28, 2014, for the opportunity to perform in the final round of the Global Final Competition. McDonald’s Corporation will determine at random or via some other means of its sole choosing the order in which Global Semi-Finalists will perform. Each Global Semi-Finalist will compete against the other Global Semi-Finalists from their respective AOW. After this first round of judging, the highest scoring Global Semi-Finalist from each AOW will continue on to compete in the final round of the Global Final Competition on May 1, 2014. A choreographed group performance will also be performed as part of the Global Final Competition. All Global Semi-Finalists will be expected to participate in the group performance during the Global Final Competition.
- The final round of the Global Final Competition is scheduled to be held on May 1, 2014. McDonald’s Corporation will determine at random or via some other means of its sole choosing the order in which Global Finalists will perform. The Global Finalist with the highest score during the final round will be the First Prize winner. Scores from the semi-final round performances will not be averaged or otherwise taken into account when scoring the final round of the Global Final Competition performances. The Global Finalist with the second highest score will be the Second Prize winner. The Global Finalist with the third highest score will be the Third Prize winner. The Global Finalist with the fourth highest score will be the Fourth Prize winner.
- The finalist must at all times follow the instructions of McDonald’s Corporation and the judges and must be present, according to the schedule provided, at the indicated place and time. Failure to follow such instructions and/or to be present at specified places/times in accordance with the provided schedule may result in disqualification.
- Each Global Semi-Finalist will be eligible to be accompanied by a guest, who is over the age of 18, for the duration of their stay at Convention. If the Global Semi Finalist is under the age of 18 at the time of attendance at Convention, then he/she must be accompanied by his/her parent or legal guardian. McDonald’s will reserve the right to automatically disqualify any Global Semi-Finalist or Global Finalist should the behaviour of his/her guest not be in accordance with the VOM V Code of Conduct, which will be set by McDonald’s prior to convention and which must be signed by each Global Semi-Finalist and his/her guest prior to convention.
- McDONALD’S CORPORATION RESERVES THE RIGHT TO AUTOMATICALLY DISQUALIFY A GLOBAL SEMI-FINALIST OR GLOBAL FINALIST IF PERFORMANCE AT THE GLOBAL FINAL COMPETITION INCLUDES ANY OBJECTIONABLE MATERIAL OR PROFANITY (AS DETERMINED BY McDONALD’S CORPORATION AND/OR THE JUDGES IN THEIR SOLE DISCRETION), INCLUDING BUT NOT LIMITED TO THE ATTIRE/ APPEARANCE/ACTIONS OF THE GLOBAL SEMI-FINALIST OR GLOBAL FINALIST, OR IF PERFORMANCE IS OTHERWISE IN VIOLATION OF THESE GLOBAL FINAL COMPETITION Terms and Conditions OR THE COUNTRY/AOW CONTEST OFFICIAL RULES OF THE VOICE OF McDONALD’S SINGING CONTEST FOR CREW AND MANAGERS, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IT IS UNDERSTOOD THAT THE JUDGES MAY STOP THE PERFORMANCE PRIOR TO COMPLETION. McDONALD’S CORPORATION FURTHER RESERVES THE RIGHT TO DISQUALIFY A GLOBAL SEMI-FINALIST OR GLOBAL FINALIST IF HE/SHE BEHAVES AT ANY TIME DURING THE GLOBAL FINAL COMPETITION OR AT ANY OTHER TIME DURING THE CONTEST PERIOD IN A MANNER THAT McDONALD’S CORPORATION OR THE JUDGES DETERMINE IN THEIR SOLE DISCRETION IS ILLEGAL, THREATENING, VIOLENT/AGGRESSIVE, DISORDERLY, OR OTHERWISE INAPPROPRIATE. SHOULD A GLOBAL SEMI-FINALIST OR GLOBAL FINALIST BE DISQUALIFIED PURSUANT TO THIS PARAGRAPH, HE/SHE MAY BE REQUIRED TO FORFEIT ANY PRIZES WON WITHOUT COMPENSATION OF ANY KIND.
All dates/times are subject to change at the sole discretion of McDonald’s Corporation.
The panel of judges for the Global Final Competition will consist of judges with expertise in the music/talent discipline. The decisions of the judges are final and binding in all judging matters relating to this Contest. All scoring shall at all times remain confidential and shall not be disclosed by McDonald’s, including any representatives of McDonald’s. Performances at the Global Final Competition will be judged on the following criteria: singing ability (including range, tone, rhythm, etc.) (60%), creativity (20%), and on-stage presence (20%). In case of a tie, entries will be re-judged based solely on the criterion of singing ability. The top four (4) scoring finalists who advance to the final round of the Global Final Competition will be announced immediately after the semi-final round of the Global Final Competition. First, Second, Third and Fourth Prize winners will be announced immediately after the conclusion of the final round of the Global Final Competition.
By participating in the Global Final Competition, each Global Semi-Finalist consents to McDonald’s Corporation’s filming, taping and/or making an audio and video recording of his/her performances in the Global Final Competition for use for advertising, trade, publicity and promotional purposes at its sole discretion, without compensation (other than the Global Final Competition prize). Global Semi-Finalists further agree to cooperate fully with McDonald’s Corporation in such recording activities. In exchange for accepting the prize in the Global Final Competition and/or other good and valuable consideration (as defined in Section 5 and also including my trip to 2014 McDonald’s Worldwide Convention and the opportunity to participate in the Global Final Competition), the receipt and sufficiency of which are hereby acknowledged, each Global Semi-Finalist agrees to irrevocably and immediately sell, convey, assign, deliver and transfer any and all right, title, and interest in and to his/her performances at the Global Final Competition and the Recordings thereof (collectively, “Performances”), including but not limited to the copyright, renewal rights and moral rights in the Performances, as well as the right to use, publish or create derivative works from the Performances (in whole or in part, with or without attribution to me) worldwide in any form or medium (now known or hereafter devised). Each Global Semi- Finalist agrees to execute all documents and take all actions deemed necessary by McDonald’s Corporation to affect, record or perfect such assignment. Each Global Semi-Finalist expressly disclaims any and all ownership rights in the Performances and acknowledge and agree that McDonald’s Corporation (and its licensees, designees and assigns) has an unrestricted right to use the Performances (or materials or ideas similar to the Performances) in any manner in any medium presently known or hereafter devised, now and in the future, without notice, additional compensation (other than the Final Competition prize) or other obligation. Each Global Semi-Finalist acknowledges that McDonald’s Corporation may use the Performances in any medium in any manner without territory or time restrictions. Such use may include, but is not limited to, exhibition on broadcast television or the Internet, with or without attribution to the Global Semi-Finalist or other comment/commentary, as determined by McDonald’s Corporation in its sole discretion. Nothing herein in any way obligates McDonald’s Corporation to use the Performances and, such non-use will NOT result in any liability to McDonald’s Corporation.
5. Prize Information:
- First Prize: One (1) First Prize winner will receive a check for US $25,000.
- Second Prize: One (1) Second Prize winner will receive a check for US $17,500.
- Third Prize: One (1) Third Prize winner will receive a check for US $12,500.
- Fourth Prize: One (1) Fourth Prize winner will receive a check for US $7,500.
- Consolation Prizes: The remaining twelve (12) finalists will each receive a check for US $3,000.
In addition, for each Global Semi-Finalist, McDonald’s will donate US $1,000 (USD) to the Ronald McDonald House closest to the McDonald’s restaurant where the Global Semi-Finalist is employed (or another appropriate children’s charity as determined by McDonald’s in its sole discretion) and US $500 will be awarded to the McDonald’s restaurant where the Global Semi-Finalist is employed for use for the McDonald’s restaurant’s crew room or for a crew event.
6. Prize Restrictions:
Prizes will be awarded to the Global Semi-finalist/Finalist or to parent/legal guardian of Global Semi-Finalist/Finalist on his/her behalf if he/she is a minor. Each Global Semi-Finalist/Finalist and his/her parent/legal guardian if applicable, shall be responsible solely for all federal, national, state, provincial and/or local income taxes, sales tax, gift taxes, surcharges, service charges, processing and handling fees, and all other costs incurred in claiming a Global Final Competition prize. To the extent required by law, McDonald’s will notify the appropriate tax authorities in the country of each Global Semi-Finalist’s/Finalist’s residence that he/she has won a prize. Prizes are not transferable.
7. Background Checks:
McDonald’s reserves the right to require Global Semi-Finalists to submit to a confidential background check conducted by McDonald’s Corporation to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring McDonald’s into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by McDonald’s in its sole discretion.
8. General Conditions of Participation:
Acceptance of prize, including the trip to 2014 McDonald’s Worldwide Convention and the opportunity to participate in the Global Final Competition, constitutes permission of the Global Semi-Finalist or his/her parent/legal guardian if he/she is a minor, for McDonald’s, its affiliates and franchisees to use his/her name, photograph, likeness, voice and biographical information, for advertising/trade/promotional/publicity purposes, and any and all rights to said use, without further notice or compensation or authorization, except where prohibited by law. Global Semi-Finalist/Finalist or his/her parent/legal guardian, if applicable, agrees that McDonald’s Corporation and its subsidiaries, affiliates, venture partners, developmental licensees, franchisees, local corporate advertising cooperatives, advertising/promotion agencies, and all of their respective directors, officers, employees, representatives and agents (collectively, the “Promotion Entities”) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or the Global Final Competition or from acceptance, receipt, possession and/or use or misuse of prizes in the Contest or the Global Final Competition. Time spent in any way connected to participation in the Contest does not constitute working time and will not be compensated or recompensed by McDonald’s or any Promotion Entity, except that Global Semi- Finalists will be paid by their employer what they would have otherwise earned during the time they spend traveling to, attending and returning from, the 2014 McDonald’s Worldwide Convention. Submission of any entry in the Contest constitutes Contestant’s consent to conduct a background check as detailed in Paragraph 7 above.
It is the Global Semi-Finalist’s responsibility to ensure that he/she has complied with the conditions contained in these Global Final Competition Terms and Conditions. McDonald’s reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the operation of the Contest; to be acting in violation of these Global Final Competition Terms and Conditions; or to be acting in bad faith or in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation and/or purpose of the Contest, or to abuse, threaten or harass any other person. McDonald’s reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
- Force Majeure:
Subject to any governmental approval which may be required, McDonald’s Corporation reserves the right, without prior notice and at any time, to terminate the Contest, in whole or in part, or modify or suspend the Contest in any way, if it determines, in its sole discretion, that the Contest is impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the proper play, integrity, and/or feasibility of the Contest. In the event McDonald’s is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or manmade epidemic of health or other means, 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, provincial or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within McDonald’s control (each a “Force Majeure” event or occurrence), McDonald’s shall have the right to modify, suspend, or terminate the Contest.
- EFFECT ON OTHER CONTEST MATERIALS AND RULES:
To the extent there any discrepancies or inconsistencies between the other Contest materials (including, Country/AOW Contest Official Rules) and these Final Competition Terms and Conditions, these Global Final Competition Terms and Conditions shall prevail, govern and control. To the extent there are any discrepancies or inconsistencies between disclosures or other statements contained in any other Contest materials and the terms and conditions of these Global Final Competition Terms and Conditions, these Global Final Competition Terms and Conditions shall prevail, govern and control. These Global Final Competition Terms and Conditions cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of McDonald’s. The invalidity or unenforceability of any provision of these Global Final Competition Terms and Conditions 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 Global Final Competition Terms and Conditions 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.
- Governing Law:
Except where otherwise prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Global Final Competition Terms and Conditions or the rights and obligations of the finalist or McDonald’s in connection with the Contest shall be governed by and construed in accordance with the internal laws of the United States and the State of Illinois without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state, provincial, federal or country laws.
- Language Discrepancy:
In the event there is a discrepancy or inconsistency between the English language version and any other language versions of these Global Final Competition Terms and Conditions or of any Contest materials, the English version shall prevail, govern and control.
10. Winners List:
Winners’ names will be posted at http://www.mcdonalds.com/voice Sponsor: McDonald’s Corporation, Oak Brook, IL 60523.
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