Finalist Rules

The Voice of McDonald’s® III Singing Contest for Crew and Managers Final Competition Official Rules

1. Eligibility:

   As a finalist, you must be continuously employed (including any valid leaves of absence) by a McDonald’s restaurant through April 22, 2010 (the “Contest Period”). 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, affiliate or franchisee of McDonald’s will not be disqualified from participating. By participating in the Final Competition, each finalist (and his/her parent or legal guardian if finalist is a minor) unconditionally accepts and agrees to comply with these Final Competition Official Rules and the decisions of McDonald’s Corporation (“Sponsor”), which shall be final and binding in all respects.

FINAL COMPETITION DETAILS:

1. Prior to attending the Final Competition, the finalist must provide McDonald’s Corporation with at least one (1) song choice that he/she wishes to perform at the 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 finalist. If for any reason, the instrumental musical track or live band music for the finalist’s song choice cannot be obtained, finalist must select an alternate song choice. McDonald’s has the final discretion as to the choice of song to be performed by finalist at the Final Competition.
2. Subject to the limitations of paragraph 2.a above, performance at the Final Competition can be in any language and any type/style of music and should not exceed 3 minutes in length.
3. Finalists may be required to arrive in Orlando up to seven (7) days prior to the start of the Worldwide Convention. Finalists will be attending the 2010 McDonald’s World Wide Convention from approximately April 19, 2010 to April 22, 2010. There will be scheduled rehearsal times specified by McDonald’s in its sole discretion. Finalists will be expected to attend all rehearsals at the times specified by McDonald’s.
4. Twelve (12) finalists will compete in the Preliminary Round Competition, which is scheduled to be held on April 19, 2010, for the opportunity to perform at the Grand Finale Competition. (The Preliminary Round Competition together with the Grand Finale Competition are referred to in these Final Competition Rules as the “Final Competition”). McDonald’s Corporation will determine at random or via some other means of its sole choosing the order in which finalists will perform. The top (3) scoring finalists in the Preliminary Round Competition will have the opportunity to compete in the Grand Finale Competition. A choreographed group performance will also be performed as part of the Preliminary Round Competition. All finalists will be expected to participate in the group performance during the Preliminary Round Competition.
5. The Grand Finale Competition is scheduled to be held on April 22, 2010. McDonald’s Corporation will determine at random or via some other means of its sole choosing the order in which finalists will perform. The finalist with the highest score during the Grand Finale Round will be the First Prize winner. Scores from the Preliminary Competition Round performances will not be averaged or otherwise taken into account when scoring the Grand Finale Competition performances. The finalist with the second highest score will be the Second Prize winner. The finalist with the third highest score will be the Third Prize winner.
6. 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.
7. McDONALD’S CORPORATION RESERVES THE RIGHT TO AUTOMATICALLY DISQUALIFY FINALIST IF PERFORMANCE AT THE 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 FINALIST, OR IF PERFORMANCE IS OTHERWISE IN VIOLATION OF THESE FINAL COMPETITION RULES OR THE 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 FINALIST IF HE/SHE BEHAVES AT ANY TIME DURING THE 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, ANTI-SOCIAL, RUDE, THREATENING, VIOLENT/AGGRESSIVE, DISORDERLY, OR OTHERWISE INAPPROPRIATE. SHOULD FINALIST BE DISQUALIFIED PURSUANT TO THIS PARAGRAPH, HE/SHE MAY BE REQUIRED TO FORFEIT ANY PRIZE WON WITHOUT COMPENSATION OF ANY KIND.
   All dates/times are subject to change at the sole discretion of McDonald’s Corporation.

2. JUDGING:

   The panel of judges for the Preliminary Round Competition and Grand Finale 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 (including the Final Competition). Performances at the Preliminary Round Competition and Grand Finale 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 (3) scoring finalists who advance to the Grand Finale Competition will be announced immediately after the conclusion of the Preliminary Round Competition. First, Second and Third Prize winners will be announced immediately after the conclusion of the Grand Finale Competition.

3. RIGHTS:

   I hereby consent to McDonald’s Corporation’s filming, taping and/or making an audio and video recording of my performances in the Final Competition for use for advertising, trade, publicity and promotional purposes at its sole discretion, without compensation to me (other than the prize that I win in the Final Competition). I further agree to cooperate fully with McDonald’s Corporation in such recording activities. In exchange for the prize that I win in the Final Competition and/or other good and valuable consideration (including my trip to 2010 McDonald’s Worldwide Convention and the opportunity to participate in the Final Competition), the receipt and sufficiency of which are hereby acknowledged, I agree to irrevocably and immediately sell, convey, assign, deliver and transfer any and all right, title, and interest in and to my performances at the 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). I further agree to execute all documents and take all actions deemed necessary by McDonald’s Corporation to effect, record or perfect such assignment. I expressly disclaim 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 prize I win in the Final Competition) or other obligation to me or any other person. I understand 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 me 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.

4. Prize Information:

   1. First Prize:One (1) First Prize winner will receive a check for US $25,000.
   2. Second Prize:One (1) Second Prize winner will receive a check for US $10,000.
   3. Third Prize:One (1) Third Prize winner will receive a check for US $5,000.
   4. Consolation Prizes:The remaining nine (9) finalists will each receive a check for US $1,500.

   In addition, for each finalist, McDonald’s will donate US $1,000 (USD) to the Ronald McDonald House closest to the McDonald’s restaurant where the 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 finalist is employed for use for the McDonald’s restaurant’s crew room or for a crew event.

5. Prize Restrictions:

   Prizes will be awarded to the finalist or to parent/legal guardian of finalist on finalist’s behalf if finalist is a minor. Each 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 Final Competition prize. To the extent required by law, McDonald’s will notify the appropriate tax authorities in the country of each finalist’s residence that he/she has won a prize. Prizes are not transferable.

6. FINALIST NOTIFICATION:

   If McDonald’s so elects, finalists may be required to submit to a confidential background check 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.

7. General Conditions of Participation:

   Acceptance of prize, including my trip to 2010 McDonald’s Worldwide Convention and the opportunity to participate in the Final Competition, constitutes permission of the finalist or finalist’s parent/legal guardian if finalist is a minor, for McDonald’s, its affiliates and franchisees to use finalist’s 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. Finalist or parent/legal guardian, if applicable, agrees that McDonald’s Corporation and its subsidiaries, affiliates, venture partners, 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 Final Competition or from acceptance, receipt, possession and/or use or misuse of prizes in the Contest or the 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 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 2010 McDonald’s World Wide Convention. Submission of any entry constitutes consent to conduct a background check for potential finalists as stated in Paragraph 6 above. Neither submission of an entry, selection in Final Competition judging, nor any other aspect of participation in the Contest constitutes or may be deemed to constitute a guarantee of continued employment or employment for a specified term or to grant any rights respecting employment that participant does not have under the laws and legal regulations of the country in which participant is employed.

8. Miscellaneous:

   1. Disqualification:

      It is the finalist’s responsibility to ensure that he/she has complied with the conditions contained in these Final Competition Rules and the Official Rules of the Contest. 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 Final Competition or the Official Rules of the Contest; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, 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.

   2. 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 man made 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.

   3. EFFECT ON ORIGINAL RULES:

      These Final Competition Rules are intended to modify and supplement the original Voice of McDonald’s Official Rules; they do not supersede or replace them. However, to the extent there any discrepancies or inconsistencies between the Voice of McDonald’s Singing Contest for Crew and Manager Official Rules and these Final Competition Rules, these Final Competition Rules 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 Final Competition Rules, these Final Competition Rules shall prevail, govern and control. These Final Competition Rules 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 Final Competition 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 Final Competition 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.

   4. Governing Law:

      Except where otherwise prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Final Competition Rules 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.

   5. Language Discrepancy:

      In the event there is a discrepancy or inconsistency between the English language version and any other language versions of these Final Competition Rules or of any Contest materials, the English version shall prevail, govern and control.

9. Winners List:

   Winners’ names will be posted at http://www.mcdonalds.com/voice.

Sponsor:

© 2009 McDonald’s. All rights reserved.