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© 2011 McDonald’s. All references marked with a ™ or ® are trade marks of McDonald’s Corporation and its affiliates except where third party trade mark ownership is indicated. All rights reserved.
Welcome to McDonald’s Happy Studio! These Terms and Conditions explain the rules you need to follow when you use the Happy Studio website. These terms and conditions apply to your use of the Happy Studio website only.
These Terms and Conditions contain the following sections (click on each heading to go straight to that section):
Happy Studio is operated and controlled by McDonald’s Europe Limited (registered company number: 01739890), which is established in the United Kingdom and whose registered office address is:
178/180 Edgware Road,
London, W2 2DS.
We can be contacted at email@example.com.
By entering and using the Happy Studio website, you agree to comply with these Terms and Conditions. If you don’t agree with any part of these Terms and Conditions please don’t use Happy Studio and don’t give your child permission to use Happy Studio either.
The Happy Studio website is only meant to be used by you and your child for your own personal enjoyment. You mustn’t use it in connection with any kind of business or for any other commercial purposes.
Intellectual Property Rights (known as “IPRs”) give people the right to protect things they create like inventions, books, artwork, symbols, names, images, and designs. All the pictures, logos, illustrations, audio-clips, video-clips, text and other elements you see on Happy Studio as well as the general design of the website are protected by IPRs. McDonald’s either owns these IPRs or has permission to use them from someone else. This means you mustn’t copy, reproduce, change, sell or give away anything on Happy Studio unless we give your our permission first. If you do so you will be infringing IPRs and could get in trouble!
If you or your child send or contribute anything to Happy Studio or us, including as part of an entry to a challenge or draws or an application for a free giveaway, then, in exchange for us letting you and your child use Happy Studio, you give us and our agencies and suppliers permission on behalf of you and your child to reproduce, edit, copy, adapt, delete, make available and generally use the contributions of you and your child free of charge, forever, anywhere in the world, without needing to pay or give you or your child any royalties or other compensation, solely for our benefit.
You promise us that anything you or your child send or contribute to Happy Studio or us, is original to you and hasn’t been copied from someone else or used without their permission.
You remain solely responsible for ensuring that anything you send us or contribute to Happy Studio should not include any information or picture which might allow others to identify other persons or their private information or property, particularly their real name or address. This is particularly important when the contribution is part of a creative-writing entry for a challenge, draw or free giveaway.
Once registered, a child may receive opportunities to take part in prize challenges and draws and to apply for free giveaways. A parent or guardian who does not agree with this should not give permission for the child to use Happy Studio.
Rules apply on each occasion we invite children to enter a challenge, draw or apply for a free giveaway. If a child enters a challenge or draw or applies for a free giveaway, we will send the child’s parent or guardian an email. The email has several purposes:
If the parent or guardian doesn’t provide us with consent to the child’s entry or application or doesn’t wish to provide the information requested or to accept the rules, then we can not process that entry or application.
Members of Happy Studio can interact with each other on the website in various ways. As we explained above, we’ve made every effort to ensure that Happy Studio is safe for children. Whilst we make every effort to ensure that people follow these Terms and Conditions we can’t promise that everyone will. If someone uses this website in a way they are not supposed to without us knowing, to the extent allowed by law, we are not responsible or liable for what that person does.
You agree that you will not and you will not let your child:
upload or post anything on the Happy Studio website or email anything which is inappropriate, or which advertises anything - by way of example of what is inappropriate (although there are others) includes anything which might damage other persons or companies because it uses their IPRs, discloses information which identifies them or harms their reputation;
impersonate anyone or any company, or falsely claim you know anyone;
bully, stalk, harm or otherwise harass any other Happy Studio user;
upload, post or e-mail any content which contains a computer virus or anything designed to damage Happy Studio, our computer programs or our computer systems generally; or
break the law in anyway.
If you provide a link to the Happy Studio website from your website, you mustn’t imply or suggest that you are somehow affiliated to Happy Studio and you mustn’t refer to or portray Happy Studio in an untrue, misleading, offensive or generally nasty manner. Be nice!
Happy Studio is made available on an “as is” and “as available” basis. This means we don’t make any promises that the website will always be uninterrupted and/or error-free. Every now and then the website may go down by accident or we may need to take it offline to fix something.
To the extent allowed by law, we are not responsible or liable for any interruptions of the website’s availability or any delays, inaccuracies, errors, or things missing on the website. We also can’t promise that the website is totally free from viruses or other similar nasty things like “trojan horses” or worms. However, rest assured we do use industry standard virus protection tools.
To the extent allowed by law, we are also not responsible or liable for any loss you might suffer a) generally arising out of your use of the website, or b) as an indirect result of your use of the website.
There are absolutely no food promotions or marketing on Happy Studio. There are also no links to other websites or services from the kids section, so parents can be sure where their child is playing is safe and secure.
Sometimes we may put up links or adverts for other websites, products and services on the parts of the website which are only accessible by grown-ups. If we do put up any such links and/or adverts, they’re provided for convenience and interest only.
We don’t endorse the opinions or views found in any of the websites which the links or adverts might link to. We don’t verify or take responsibility for the accuracy, completeness or quality of any content contained on any of the websites which the links or adverts may link to. Also, we are not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised on any of those websites or adverts.
You can cancel your registration and your child’s account at any time via the Grown Ups Section of the Happy Studios website.
If we believe that you or your child have broken any of the rules in these Terms and Conditions or broken the law in any way, we may cancel your registration and your child’s account. So please make sure you follow the rules!
We may need to update these Terms and Conditions from time to time. If we do make any changes, we will post the changes in the Grown Ups section of the website and in any other areas of the website we think necessary so that you are aware of the changes. Please make sure you look at the website frequently just in case we do make any changes to these Terms and Conditions. If we make any particularly important changes or if a change affects the way you are allowed to use the website, we will also notify you of the change by email.
If any bit of these Terms and Conditions is illegal, invalid or unenforceable, then that bit should be ignored and deleted and the remaining parts of these terms and conditions will remain unaffected.
These Terms and Conditions are governed by the laws of England. Hopefully we won’t have any disputes, but if we do, you agree that they’ll be heard only in the English courts.
4, January 2012
For each Challenge or Draw ("Prize Promotions") and each Giveaway featured on www.happystudio.com (“the Site”), there will be:
and in the event of any conflict of interpretation between these specific instructions and specific rules (collectively ”Special Rules”) then the latter shall prevail.
These specific rules will always be made available to view online at the time of participation.
The Special Rules shall incorporate the following General Rules (collectively “Rules”) and in the event of any conflict of interpretation between the Special Rules and the General Rules then the Special Rules shall prevail.
In the event that the Special Rules do not refer to a “Promotion Address”, this will be as follows: “Family Marketing Department, McDonald’s Restaurants Ltd, 11-59 High Road, East Finchley, London, N2 8AW”.
Participation is by using the website form (or by downloading a form from the Site if applicable) during the dates for participating in a Promotion as will be stated in the Special Rules for that Promotion.
The Promoter may extend all relevant dates for a Promotion if supervening circumstances cause insufficient submissions to have been received (in the Promoter’s absolute discretion). Check the Site during the Promotion for details of any changes.
To participate in a Promotion (and unless otherwise stated in the Special Rules) a child must be a qualifying member ("member") which means:
Submission Criteria: each member must follow the instructions in the Special Rules for the relevant Promotion before participating, including obtaining the consent of the member’s registered parent and in addition:
No method of participating will be accepted other than as provided for by the Special Rules.
Registered Parent’s Consent: On each occasion a member participates in a Promotion, the Promoter will send the registered parent an email requiring the registered parent either to send a reply by email or to link to the Site and submit a web-form reply. The Promoter’s email will automatically be sent to the address submitted by the registered parent upon registration of that child as a member. The purpose of the reply is:
but if the registered parent fails to reply as detailed with consent to the child’s participation within the time and in the manner prescribed by the Promoter or doesn’t wish to provide the information requested or to accept the rules, then the submission will be void.
If the special Rules permit a member to participate more than once, then the registered parent must provide a separate consent each time.
Parent’s Certification: The registered parent certifies that he/she: (a) is the registered parent of the member named on the submission, (b) authorises the member to participate in the Promotion and undertakes actively to supervise appropriately the Promotion-activities of the member and agrees to the award of the applicable prize (if successful) to the member (c) undertakes to accompany the member on any trip forming part of a prize (and understands and accepts that the registered parent shall not be entitled to swap with any other person, unless the Promoter agrees to this in its sole discretion), (d) will comply (and will procure that the member complies) with these Rules and the requirements of the Promotion, (e) assigns (or undertakes to procure the assignment of) ownership of any creative work comprised in the submission (whether or not void) and of all copyrights and other similar rights in or over the submission to the Promoter absolutely for use (whether or not after adapting, adding to or editing the submission) exclusively by the Promoter as it sees fit and, apart from fulfilling in accordance with these Rules any prize which may be awarded under these Rules, without any rights of the member or registered parent to be compensated, to be identified with the submission or to object to any use made of it.
For the purposes of this certification, a non-exhaustive list of factors to be covered in order for the supervision to be carried out by a member’s registered parent to be considered “appropriate”, includes: (i) ensuring the health and safety of the member in relation to the member’s Promotion-related activities (including the time and manner of the member’s online activities), (ii) preventing the mis-use by the member of property (including intellectual property) owned by others, (iii) preventing the submission by the member of any harmful, offensive or unlawful material or information and (iv) procuring the consent of any person who is identifiable from, or whose personal data is used or reproduced in, any submission.
In Order for Members To Participate: a member must comply with the Submission Criteria, complete the online fields and make a submission as directed on the Site and by the date stated. Alternatively, if submission is permitted or required by post, a member should print the submission form from the Site, complete it and have the member’s registered parent sign to consent to the submission, before sending the form in a properly stamped hand written envelope addressed to the Promotion Address (-franking is not acceptable-) so as to arrive no later than the closing date for receipt of submissions as stated in the Special Rules, failing which the submission will become void.
Unless otherwise stated in the Special Rules, there is no limit on the number of submissions a member may make in the same Prize Promotion provided that for Challenges requiring the creation of a picture or written description, a different creation must be provided for each submission.
If the Special Rules for a specific Promotion stipulate that the number of submissions is limited, and if a person has registered with more than one avatar or other online identity under separate accounts (and whether or not with the same registered parent), the stated limit shall apply to all of that person’s stated accounts collectively as if they were a single account.
For submissions to be posted, there is a limit of one per envelope.
No submissions can be returned.
In the event that the prize pool for a Promotion as described in the Special Rules consists of more than one age category, the types of prize shall be awarded equally between each age category, or as otherwise described in the Special Rules.
Further details of the prizes and copies of the terms and conditions of prize providers (if any) are available by posting a stamped SAE marking your envelope “Prize Details” to be received during the 6 weeks’ period after the closing date for receipt of submissions to the Promoter at the Promotion Address.
If the Promoter wishes to increase the prize pool during a Promotion it may (but shall not be obliged to) do so.
For Prize Draws -All valid submissions received will be collected together for one grand draw to be held on or before the date stated in the Special Rules or (if none is stated) as soon as reasonably possible after the closing date for submissions. The prizes will be allocated to valid submissions in the order drawn for that prize category.
For Challenges -All valid submissions received will be judged in (and the prize-pool will be allocated equally between) the number of age categories stated in the Special Rules or (if none) a single category. If there are 2 age categories, these shall be based on age groups as follows:
Submissions will be judged according to the judging criteria stated in the Special Rules or (if none) according to which creative exercise complies with the Submission Criteria in the most apt and original way. In the event of a tie for any of the prizes, the description or title of the work submitted will then be judged to determine the winner. Winners have no choice over which type of prize is awarded (unless otherwise expressly stated in the Special Rules). The judges’ decision will be final. The Promoter won’t be obliged to contact anyone who is not a winner and the Promoter won’t be obliged to respond to any correspondence received about the Promotion (unless expressly stated in these Rules). By default the judging will be carried out by Mad About Handling, but further details of this or any change can be obtained by sending a stamped self-addressed envelope marked with the Promotion name and the words “Details of Judges” to be received during the 30 days’ period after the closing date for receipt of submissions to the Promoter at the Promotion Address.
In the event that any winning submission later proves to be invalid or adjudged void then the Promoter may re-award the relevant prize as it sees fit (but shall not be obliged to do so).
The winner’s registered parent will be notified by email within 30 days of the closing date for receipt of submissions and must respond in the manner, with the information and by the time directed. The email will say if any forms are also to be sent by post to the registered parent, together with the date by which they must have been completed and received by the Promoter.
Prizes which the Promoter elects to deliver by post will be sent to each winner at the postal address confirmed by the registered parent at the time of registration of the member or (if different and if the Promoter makes this option available) at the time of consenting to a submission as soon as possible after the closing date for receipt of submissions and in any event within 30 days of the closing date (unless a longer period is specified in the Special Rules.
Where a prize comprises a trip:
and failure to comply in any respect with any of the requirements in a. or b. above will result in the prize being withheld and that winner’s submission becoming void,
Any costs of taking or using a prize which a winner, registered parent or other permitted companion (if any) may incur and is additional to the prize package elements listed are at the expense of the winner, registered parent and any other permitted companions.
Prizes may not be exchanged, transferred or sold and there is no cash or other alternative. Prizes are not divisible; if a winner is unable or unwilling to receive or take all parts of the prize as described in these Rules, then the Promoter may (in its discretion) withhold the entire prize and rule that the winner’s submission and related prize claim is void without rights of compensation.
There is a limit of one prize per person, unless expressly stated to the contrary in the Specific Rules. If a person has registered with more than one avatar or other online identity under separate accounts (and whether or not with the same registered parent), the stated limit shall apply to all of that person’s stated accounts collectively as if they were a single account.
All prize descriptions and advertisements depicting the prizes are illustrative and not definitive.
All un-awarded or unclaimed prizes will lapse if not the subject of valid claims within the time limits and in the manner as prescribed by these Rules and in any event by 3 months following the closing date for receipt of submissions.
Details of prize winners’ names and counties may be published by the Promoter. As well as details of names and counties, each member and the member’s registered parent agrees that, should the member be a winner of a prize, then the Promoter may publicise statements made by or attributed to the winner relating to the Promoter or this or any other promotion or offer together with the winner’s likeness in advertising and including on the Site.
A list of the names and counties of the main prize winners is available by sending a stamped SAE marking your envelope “Winners list” to be received during the 6 weeks’ period after the closing date for receipt of submissions to the Promoter at the Promotion Address.
To the fullest extent permitted by applicable law (but not otherwise) the Promoter and their respective agents assume no responsibility and are not liable for: (i) the accuracy or otherwise of the prize description or illustration, (ii) (other than those warranties or conditions implied by statute and which cannot be excluded) any representation, warranty, condition or guarantee in respect of a prize, (iii) the non-availability, failed, loss, late receipt, interception or damage of any prize-claim, prize, notification or other communication, or (iv) any taxes, fees, charges or other costs which each winner and his or her registered parent and other permitted companion (if applicable) may be required to pay any time in connection with a prize (save to the extent that the Promoter has expressly and specifically accepted responsibility in these Rules for the same).
The Promoter may (i) extend any time limit or waive or relax (whether temporarily or permanently) any of the Rules in favour of one or more specific members where that member(s) might otherwise have been disqualified (and without such extension, waiver or relaxation thereby implying any obligation on the Promoter either to repeat that relief for that member on any future occasion or to provide the same or equivalent relief to any other member or members at any time), (ii) terminate or suspend the Promotion at any time due to supervening circumstances beyond the Promoter’s control, (iii) decline to enter into any correspondence save as otherwise stated in these Rules and (iv) substitute a product or activity which the Promoter deems (in its discretion) to be an appropriate replacement and of equal or greater value in the place of any prize or prize element.
The Promoter’s decision in the interpretation of these Rules, or the exercise of any rights or discretions in connection with these Rules, shall be final and binding.
In administering this Promotion, the Promoter may collect personal information from you and, unless it has first obtained your consent, the Promoter (i) will not collect more of your personal information than it needs for the purpose of administering and analysing this Promotion, (ii) will only use your personal information for that purpose which may include transferring your personal information to its associates, and (iii) will not transfer your personal information outside the European Economic Area unless it is permitted to do so under the Data Protection Act 1998 (and/or any amending or replacement legislation from time to time).
Any enquiries about your personal information collected for these Prize Promotions should be submitted in writing and sent by pre-paid post to the Promotion Address marking your envelope “Data Protection Request”.
The Promoter (and any prize supplier) Partner may carry out such background checks and require such information (in addition to the information required to be given on submissions or prize claims) as they consider necessary or desirable for the purposes of verifying any claim and a claimant’s compliance with the Rules and any prize may be withheld unless and until the Promoter and the Partner is satisfied with the verification. Should the Promoter determine based on the evidence in its possession at any given time that a member or that member’s registered parent is in breach of the Rules, then the Promoter may adjudge (in its sole discretion) that such member is ineligible to take part in this Promotion and every other promotion or offer of the Promoter and every submission, claim and request by that member then in process shall be disregarded and have no force or effect.
Any submission will be void if it is deemed (in the Promoter’s discretion) (i) to be incomplete, damaged or unreadable or (ii) to have been made by an ineligible person or a person who (in the Promoter’s opinion) is misusing or tampering or attempting to misuse or tamper with the proper conduct of the Promotion or (iii) fails to comply with (or is declared void under) these Rules. Each member and his or her registered parent is required to accept that no right of compensation shall arise in the event of any submission becoming void at any time and/or that member being declared ineligible.
All instructions, rules and conditions on any advertising or promotional materials relating to this Promotion form part of the Rules, provided that in the event of any conflict or inconsistency these provisions shall prevail over all such other instructions, rules and conditions. Expressions which have been defined in these Rules shall have the same meanings when used in such other instructions, rules and conditions wherever the context admits.
By entering this Promotion you are deemed to have accepted these Rules. These Rules are subject to interpretation under the law of England, Wales and to the jurisdiction of the courts of England and Wales.
Nothing in these Rules shall affect your statutory rights.
A copy of these Rules is available by sending a stamped SAE to the Promotion Address marking your envelope “Rules Request” to be received during the 6 weeks’ period after the closing date for receipt of submissions to the Promoter at the Promotion Address or by visiting the Site during the Promotion.
© 2013 McDonald’s. All rights reserved. All McDonald’s references marked with an ® or are registered or unregistered trademarks of McDonald’s Corporation and its affiliates.
All artwork, elements and characters and other trade marks and trade names featured in these Rules, Boxes and other advertising in relation to the Promotion are the properties of their respective owners and all rights in or over the same are reserved by their respective owners as identified on such Boxes and advertising relating to the Promotion.
The Promoter: McDonald’s Restaurants Limited (Reg. No. 1002769), 11-59 High Road, East Finchley, London, N2 8AW. PLEASE DO NOT SEND SUBMISSIONS TO THIS ADDRESS.
Each member’s application received at the Promotion Address by the closing date stated in the Special Rules will qualify for the offer as described in the Special Rules for that Giveaway Promotion, while stocks last. Unless otherwise stated in the Special Rules, the limit on the number of applications is as stated in the Special Rules or (if none) 1 per person and 3 per household. If the member has registered with more than one avatar or other online identity under separate accounts (and whether or not with the same registered parent), the stated limit shall apply to all of the member’s stated accounts collectively as if they were a single account. Delivery will take up to the period of time stated in the Special Rules or (if none) within 6 weeks from receipt of application.
Please Note: (i) whilst every effort has been made by the Promoter to source reasonable stocks to meet expected demand for each Giveaway Promotion, the offer for each Giveaway Promotion is only available for valid submissions received by the date stated in the Special Rules while stocks last, (ii) the Promoter will endeavour to place a warning on the Site if stocks have run out (but without obligation to do so), so you are advised to check the Site before submitting your application and (iii) the General Rules for Prize Promotions will apply to each Giveaway Promotion (and in so doing references to “prizes” may be deemed to include “giveaways”) to the extent the same are applicable and are not in conflict with the General Rules for Giveaway Promotions or with the Special Rules (and in the event of any conflict of interpretation between the Special Rules and the General Rules for Giveaway Promotions then the Special Rules shall prevail).
Last revised 11 June 2013