Tongal

Create a “Bite-Sized” Video, under 30 seconds in length, celebrating McDonald’s® official Chicken McBites™ launch this January.

We can’t stress this enough--Videos and Ideas MUST NOT BE a Chicken McBites™ commercial.  Instead, create “snackable” entertainment designed to appeal to a web audience. The ideal video will be something that you yourself would tweet, post to Facebook or tumblr, or share anywhere online.  The overarching goal of these videos is to generate online buzz about Chicken McBites™, and get people primed and ready to try them.  Note that winning videos will be tagged with McDonald’s branding after they’ve been produced.

REPEATING:  McDonald's® is not seeking commercials or sales pitches -- they’re asking for short, entertaining videos that bring the Bite-Sized theme to life.

--Target Audience: Tech savvy, trendsetting adults of all ethnicities, 18-34, who eat on the go.  

This project is worth a total of $35,000 and will consist of two phases, so there’s a place for all of you to contribute and be rewarded, regardless of your skill set.

PHASE 1: IDEA – In 140 characters or less give us your Idea for a Bite-Sized video (under 30-seconds). Remember, an Idea is not a detailed script, it is a tweet-sized spark of genius or distillation of what will happen in the video. As always, Ideas should be clever, engaging, and fun. Winning Ideas will receive a 5% residual payment of every winning video they are used to generate.

PHASE 2: VIDEO – Select one of the ten winning Ideas and create a Bite-Sized video based on it (under 30-seconds). Try not to think of the Idea you are working off of as a script, but rather, a central thesis that you should build your work around. Alternatively, you may choose to enter a “Wild Card” submission not based on any winning Ideas from the previous phase. Remember, McDonald's is not seeking commercials or sales pitches -- they’re asking for short, entertaining videos that will bring the Bite-Sized theme to life.

--Prizing Details: Potential winners will be notified by email prior to posting any Winning Entries and will be required to complete, sign, and return an Affidavit of Eligibility, Intellectual Property Release, W-9, and any other clearance documents (where legal) within two (2) business days after the date notice is sent. If potential winner fails to complete and return the prize claim forms as indicated, respective prize may be forfeited. You should also have everyone appearing in your video sign a Talent Release and whomever is responsible for the property sign a Location Release on the day of your shoot. That way you will have them on-hand if and when you re notified of being a winner. 

--Music: Tongal has partnered with Audiosocket, a boutique music licensing agency representing more than 1,400 emerging bands, composers and record labels. Audiosocket tracks will be available to Tongal members at no charge solely for their incorporation into Tongal members' submissions to the Bite-Sized Project.  Tongal members are encouraged to browse the Audiosocket catalog, available at http://audiosocket.com/. If you are interested in using a track from the Audiosocket catalog, as described above, please email music@tongal.com for account and password info which will allow for the download of up to 3 tracks.

Entrant Content MUST NOT contain any music other than music that is provided by Tongal via AudioSocket.com. Any use of an Audiosocket track obtained through Tongal in connection with the Bite-Sized Project that is outside of such Tongal member's submission to such project is strictly prohibited.

McDonald’s® Bite-Sized Video Project Details and Rules 

THESE “PROJECT DETAILS” ARE A PART OF AND IN ADDITION TO THE TONGAL.COM OFFICIAL RULES.  IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THE TONGAL.COM OFFICIAL RULES AND THESE PROJECT DETAILS, THE PROVISIONS IN THESE PROJECT DETAILS WILL GOVERN.    BY ENTERING THIS CONTEST, YOU AGREE TO THESE PROJECT DETAILS AND THE TONGAL.COM OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.  IF YOU ARE A MINOR WINNER IN THIS CONTEST, YOUR PARENT OR LEGAL GUARDIAN WILL BE REQUIRED TO PARTICIPATE IN THE VERIFICATION AND FULFILLMENT PROCESS.

WINNER(S) WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR WITHIN FORTY-EIGHT (48) HOURS OR OTHER TIMEFRAME SPECIFIED IN THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).  WINNING ENTRIES WILL BE OWNED BY MCDONALD’S USA, LLC AND MAY BE POSTED ONLINE AND ELSEWHERE.

OVERVIEW:

The McDonald’s® Bite-Sized Video Project (“Contest”) begins at 10:30:00 a.m. Pacific Time ("PT") on December 2, 2011 and ends at 10:31:00 a.m. Pacific Time ("PT")on January 19, 2012 (“Contest Period”).  The Contest consists of two (2) phases of participation.  The first phase runs from the beginning of the Contest Period and ends at 10:30:00am PT on December 12, 2011 (“Phase 1 Entry Period”). Eligible individuals may participate in the first phase of the Contest by submitting an Idea in 140 characters or less via Tongal.com as more fully described below.  The second phase begins at 8:30:00 p.m. PT December 19, 2011 and ends at the end of the Contest Period (“Phase 2 Entry Period”).  Eligible individuals may participate in the second phase of the Contest by creating and submitting a Video via Tongal.com as more fully described below.   

ELIGIBILITY:

The Contest is open only to residents of the fifty (50) United States and District of Columbia who are at least thirteen (13) years of age at time of initial participation. To be eligible you must have a valid Tongal.com account, Internet access and a valid e-mail address. Persons in any of the following categories are NOT eligible to participate or win any prize in the Contest: (a) persons who on or after December 2, 2011 were or are franchisees, directors, officers, employees or agents of McDonald’s USA, LLC (“Sponsor”), or its parent, subsidiary, or affiliated companies, franchisees, or service agencies, or independent contractors of any of the above (collectively, the “Sponsor Entities”); (b) individuals engaged in the development, production or distribution of materials for this Contest, including, without limitation, Tongal, Inc. (“Tongal”) (collectively and together with the Sponsor Entities, the “Contest Entities”); and (c) persons who are immediate family members (defined as spouse, IRS dependent, or biological, foster, or adoptive step- mother, father, sister, brother, daughter, or son and each of their respective spouses) of any person in any of the preceding categories, regardless of where they live, and/or individuals who reside in the same household, whether related or not, as any person in any of the preceding categories.   Any person who has been convicted in a court of law or who entered a plea of guilty or no contest to any felony is not eligible and cannot participate.  The Contest is void where prohibited by law. Participation in this Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Project Details, the Tongal.com Official Rules and the decisions of Sponsor, which will be final and binding. If a participant is an eligible minor in his or her state or jurisdiction of residence, his or her parent or legal guardian agrees to these Project Details and the Tongal.com Official Rules along with and on behalf of his or her minor child.  All rights and responsibilities of a minor under these Project Details and the Tongal Official Rules are conferred and assumed respectively by the minor’s parent or legal guardian in representation of the minor. 

TO ENTER:

PHASE 1: To participate in Phase 1, eligible individuals (see “Eligibility” section above for eligibility requirements) must create an idea for an entertaining video about the concept of “bite-sized” in one-hundred and forty (140) characters or less (“Idea”) and then logging in and following the on-screen links and instructions to submit the Idea and all required information via Tongal.com (“Web Site”) during the Phase 1 Entry Period.  All Ideas must comply with the “Submission Requirements” detailed in that section below and otherwise comply with these Project Details and the Tongal.com Official Rules.  Limit five (5) Ideas per person and per Tongal.com account.

PHASE 2: To participate in Phase 2, eligible individuals (see “Eligibility” section above for eligibility requirements) must create an entertaining video about the concept of “bite-sized” based on one (1) of the top ten (10) Ideas from Phase 1 of the Contest or a “Wild Card” submission not based on any winning Ideas from the previous phase.  The top ten (10) Ideas upon which Videos can be based will be posted to the Web Site on or about December 16, 2011.  Eligible individuals must then log in and follow the on-screen links and instructions to submit the Video and all required information via the Web Site during the Phase 2 Entry Period.  All Videos must comply with the “Submission Requirements” detailed in that section below and otherwise comply with these Project Details and the Tongal.com Official Rules.  Limit five (5) Videos per person and per Tongal.com account.  If there are fewer than twenty (20) eligible Videos submitted during the Phase 2 Entry Period, Sponsor reserves the right to revise the Phase 2 Entry Period and/or Contest Period, including, without limitation, extending the Phase 2 Entry Period by fourteen (14) days, and otherwise modify the Contest as time permits and as deemed appropriate in Sponsor’s sole discretion.

The following applies to all participation in both phases of the Contest: Ideas and Videos together will be referred to as “Entrant Content.”  Entrant Content received during the Contest Period and recorded on the Web Site as of the end of each respective phase will be judged as more fully detailed in the “Winner Selection” section below among all other eligible Entrant Content received during the same phase of the Contest Period.  The Web Site’s database clock will be the official timekeeper for this Contest. For purposes of this Contest, only submissions actually received and recorded through the Web Site on the Web Site’s servers will be considered.  Other proof of submitting or attempting to participate (such as, without limitation, a printed, saved or copied automated receipt confirming entry or a “thanks for entering” screen or message) does not constitute proof of actual receipt of the Entry for purposes of this Contest.  Entries must be submitted and received by Sponsor during the Contest Period through the Web Site and in strict accordance with the instructions and restrictions on the Web Site, the Tongal.com Official Rules, and these Project Details.  As a condition of entering the Contest, without limiting any other provision in these Project Details, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. ENTRIES MAY NOT BE ACKNOWLEDGED OR RETURNED AND MAY BE DESTROYED.

SUBMISSION REQUIREMENTS:

Entrant Content must meet all of the following requirements in Sponsor’s sole discretion or the associated participant will be disqualified (please also review the Tongal.com Official Rules for additional submission requirements):

• • Ideas must be written in English and MUST NOT exceed one-hundred and forty (140) characters in length.
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• • Videos MUST NOT exceed thirty (30) seconds in length. Preferred format is HD 720p 16x9.  Acceptable file formats are .mov, .avi, .mp4, .wmv. Acceptable codecs are H.264 (MP4), MPEG-4, H.263, MPGV, WMV, DivX. 
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• • Videos must be in English or subtitled in English, as applicable.
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• • Unless specified otherwise in these Project Details, all Entrant Content must be your own original creation or in the public domain and free of any copyrighted material (such as, without limitation, music, movie, or third party video clips or fictional characters). You must provide detailed information of your Entrant Content regarding the source, the creator and background information as requested by Sponsor or Tongal.
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• • Entrant Content MUST NOT be a commercial or sales pitch for McDonald’s restaurants, Chicken McBites, or any other McDonald’s product or service.  Entrant Content may, but is not required to include or depict a trademark or logo owned by Sponsor for purposes of participating in this Contest only, but doing so will not affect the likelihood of winning a prize. 
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• • Entrant Content MUST NOT contain any music other than music that is provided by Tongal via AudioSocket.com.
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• • In addition to the standard Tongal documentation such as an IRS Form W-9, Winner Affidavit, and IP Assignment, each creator of a Winning Idea and Winning Video must also provide a Talent Release, Location Release or other documentation related to any third party assets or features appearing or identified in the Idea or Video at Sponsor’s or Tongal’s request.
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• • Entrant Content MUST NOT contain any profanity, offensive language, or otherwise objectionable material.
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• • Entrant Content MUST NOT reflect negatively on any Contest Entity or any of their products or services, the Contest or any other person or entity. 
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  • • Winning Video creators MUST also provide completed and signed documentation, including, without limitation, releases and permissions as applicable for all assets appearing in the video, as well as the project files, editing sequence and an uncompressed QuickTime .mov file in either Animation or ProRes 422 codecs at either 1920x1080 or 1280x720 to claim their prize. 
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  • • If Entrant Content depicts, identifies or includes any third party individual, entrant must have all permissions and rights from that individual (and his/her parent or legal guardian, if a minor) and agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
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  • • Entrant Content MUST NOT identify, reference, or depict any company other than Sponsor or any other person’s or company’s brands, products, or services.     
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  • • Entrant Content MUST NOT contain any advertising. 
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  • • Entrant Content MUST NOT create or imply any association between Sponsor and any individual, entity, or anyone else or his, her, or its products or services.
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  • • Entrant Content must be suitable for presentation in a public forum.
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  • • Entrant Content MUST NOT suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
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  • • Entrant Content MUST NOT be inconsistent with Sponsor’s brand image or communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to associate.
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  • • Entrant Content MUST NOT contain any virus, bugs, or other deleterious material.
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  • • Entrant Content MUST NOT be sexually explicit or suggestive, unnecessarily violent or derogatory, cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
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  • • Entrant Content MUST NOT be obscene or offensive, or endorse any form of hate or hate group.
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  • • Entrant Content MUST NOT must not contain defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic group, threats to any person, place, business, group or world peace.

Entrant agrees that his/her participation in the Contest and agreement to these Project Details and any Released Party’s (as defined in the Tongal.com Official Rules) display and use of the Entrant Content will not violate any agreement to which entrant is a signatory or party, including, without limitation, any guild or union membership terms or agreements.

Entrant agrees to indemnify the Released Parties  against any and all claims from any third party for any use or reuse by any Released Party of the Entrant Content.

Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or remove from displaying or publishing any entry or Entrant Content that, in its sole discretion, does not comply with these requirements or these Project Details. Sponsor reserves the right in its sole discretion to provide a participant with the opportunity to correct a deficiency and resubmit the Entrant Content by the applicable deadline and to edit any Entrant Content.

ALL ENTRANT CONTENT REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER.  SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF SUCH CONTENT AND HAS NO OBLIGATION TO AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SCREENING, MONITORING OR REVIEWING SUCH CONTENT.

WINNER SELECTION/NOTIFICATION:

PHASE 1: Eligible Ideas will be judged by a panel of judges chosen in Sponsor’s sole discretion (“the Judges”), based on the following criteria according to the percentage weights indicated: creativity (34%); entertainment value (33%); and fulfilling the project objective (33%) (“Idea Criteria”). The Idea Criteria will be used to determine the top ten (10) Ideas based on an overall combined score. The ten (10) Ideas receiving the highest combined scores will each become a winning Idea, subject to verification (each a “Winning Idea”). In the event of a tie in the selection of the Winning Ideas, the tie will be broken by naming as a Winning Idea the Idea with the higher score in the creativity category. If there is still a tie, the tie will be broken by naming as a Winning Idea the Idea with the higher score in the entertainment value category.

PHASE 2: Eligible Videos will be judged by the Judges, based on the following criteria according to the percentage weights indicated: creativity (25%); entertainment value (25%); production quality (25%); and fulfilling the project objective (25%) (“Video Criteria”). The Video Criteria will be used to determine the top ten (10) Videos based on an overall combined score. The ten (10) Videos receiving the highest combined scores will each become a winning Video, subject to verification (each a “Winning Video”). In the event of a tie in the selection of a Winning Video, the tie will be broken by naming as a Winning Video the Video with the higher score in the creativity category. If there is still a tie, the tie will be broken by naming as the Winning Video the Video with the higher score in the fulfilling the project objective category.

The following applies to both phases of the Contest: AS A CONDITION OF PARTICIPATING, EACH PARTICIPANT WHO SUBMITS ENTRANT CONTENT THAT IS DEEMED EITHER A WINNING IDEA OR WINNING VIDEO AGREES THAT SPONSOR MAY RUN A BACKGROUND CHECK ON HIM OR HER AND AGREES TO READ, SIGN, AND RETURN RELATED DOCUMENTATION TO SPONSOR OR TONGAL WITHIN THE TIMEFRAME REQUIRED AND AS REQUESTED BY SPONSOR, WHICH MAY BE AS EARLY AS TWENTY-FOUR (24) HOURS AFTER NOTIFICATION FROM SPONSOR OR TONGAL.  Sponsor reserves the right to contact participants for verification purposes and administration of the Contest.  Entrants acknowledge that other entrants may have created ideas and concepts contained in their Entrant Content that may have familiarities or similarities to his/her Entrant Content, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Sponsor or its designee will attempt to notify each participant with a Winning Idea and Winning Video to inform him/her that he/she has been selected as the potential winner in this Contest on or about December 14 (Idea) after the end of the respective phase by January 23 (Video) by email, in Sponsor’s sole discretion.  If any prize, prize notification or Contest-related communication is rejected, faulty, or returned as undeliverable, if the potential winner does not respond according to the notification’s or Sponsor’s instructions, if the winner cannot attend or participate in any portion of the prize, if the winner or potential winner fails to comply with these Project Details, or if a potential winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion) or does not respond according to the notification’s or Sponsor’s instructions, that winner or potential winner may be disqualified and an alternate winner may be selected by applying the winner selection procedures described above.  Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant.  Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. To claim a prize, winner must follow the directions in his or her notification.

PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”):

The participants with the ten (10) Winning Ideas, subject to verification, will each receive a check (or PayPal) for $250 made payable in his or her name.

Each participant with one (1) of the ten (10) Winning Videos and the participant whose Winning Idea was the basis for the respective Winning Video, subject to verification, will receive a check (or PayPal) for the corresponding amount made payable in his or her name as follows:  

If a Winning Video incorporates a “Wild Card” idea that was not one of the ten (10) Winning Ideas, the participant who submitted that Winning Video will receive a check made payable to him or her in the amount of the sum of both columns for that ranking row in the above table.  Total ARV of all prizes: $35,000.  Prize elements will only be mailed/sent to winner’s address in one (1) of the fifty (50) United States or the District of Columbia in Sponsor’s sole discretion.  Prizes specified in these Project Details, if legitimately claimed, will be awarded. Prize details not specifically stated in these Project Details will be determined in Sponsor’s sole discretion. All federal, state and local taxes, as well as any expenses not specified in these Project Details as being provided as part of the prize, are the sole responsibility of each winner. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information.  No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the specified prizes in these Project Details will be awarded.

ENTRANT CONTENT RIGHTS:

AS MORE FULLY DETAILED IN THE TONGAL.COM OFFICIAL RULES, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT ALL RIGHTS OF OWNERSHIP RELATED TO ANY IDEA AND VIDEO HE OR SHE SUBMITS IN CONNECTION WITH THE CONTEST ARE AUTOMATICALLY TRANSFERRED TO TONGAL OR SPONSOR, AS APPLICABLE.  Each participant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any entry, Entrant Content, or any derivative works, infringe or violate any of participants rights (including MORAL RIGHTS) therein.

Each participant acknowledges and agrees that nothing in these Project Details will require any Released Party to use the Entrant Content in part or in whole or to include the Entrant Content in any Released Party-related property, including, without limitation, any Released Party’s web site or any other online or offline property.  Each participant hereby acknowledges and agrees that the relationship between the participant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the participant’s decision to submit his/her Entrant Content for purposes of the Contest does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content, other than as set forth in these Project Details.  Each participant understands and acknowledges that the Released Parties have wide access to ideas, essays, and other literary materials. Each participant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her Entrant Content and/or each other in idea, format, or other respects. Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of a Released Party’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each participant acknowledges and agrees that the Released Parties do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the participant’s copyright in and to his/her Entrant Content. Each participant acknowledges that, with respect to any claim by participant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Released Party property or production, and participant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.

GENERAL RULES: Participants agree to not damage or cause interruption of the Contest and/or prevent others from using the Contest. Sponsor’s failure to or decision not to enforce any provision in these Project Details will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Project Details (including any alleged discrepancy or inconsistency in these Project Details), it will be resolved in Sponsor’s sole discretion.  If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, in violation of these Project Details, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere.  The invalidity or unenforceability of any provision of these Project Details will 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 Project Details will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Project Details in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Potential winner may be required to provide Sponsor with proof that he/she is the Authorized E-mail Account Holder (as defined in the Tongal Official Rules) of the e-mail address associated with the potentially winning submission. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.

ADDITIONAL DISCLAIMERS: Released Parties 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 entrant’s e-mail account to receive e-mail messages.  Released Parties are not responsible, and may disqualify an entrant, if his or her e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor.  Without limiting any other provision in these Project Details, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Contest activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.

Disputes/Governing Law:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Project Details and the Tongal.com Official Rules or the rights and obligations as between a participant and the Contest Entities in connection with the Contest 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. 

By participating in this Contest, each participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) a participant may have against the Contest Entities arising out of, relating to, or connected in any way with the Contest, the awarding or redemption of a prize, or the determination of the scope, enforceability or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“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 USC. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for the participant), or at such other location as may be mutually agreed 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 Contest; (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, arbitration can decide only a given 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) the participant and Sponsor shall be entitled to recover punitive, incidental and/or consequential damages only to the extent permitted by law; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them 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 filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) 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  AAA, 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.  For more information on AAA and/or AAA Rules and Procedures, persons may visit the AAA Website at http://www.adr.org, or contact AAA at 1633 Broadway, 10th Floor, New York, New York 10019.

WINNER’S LIST/PROJECT DETAILS:

To find out who won, send a self-addressed stamped envelope to the following address within three (3) months of the end of the Contest Period: McDonald’s Bite-Sized Video Project Winners, P.O. Box 3193, Oak Brook, IL 60522-3193.  For a copy of these Project Details during the Contest Period, visit the Web Site or send a self-addressed stamped envelope to the following address for receipt during the Contest Period: McDonald’s Bite-Sized Video Project Winners, P.O. Box 3193, Oak Brook, IL 60522-3193. Only one (1) request of either type per outer envelope will be fulfilled. VT residents may omit return postage for rules requests).   

THE SPONSOR OF THIS CONTEST IS: McDonald’s USA, LLC, 2111 McDonald’s Dr., Oak Brook, IL. 60523.

© 2011 McDonald’s