McCafe Your Day - Official Rules

NO PURCHASE NECESSARY. Making a purchase will not increase your chances of winning.

1. PROMOTION DESCRIPTION: McCafe Your Day from McDonald's and Visa Contest and Sweepstakes ("Promotion"),which includes both a Sweepstakes (the "Sweepstakes") and a Contest (the "Contest") begins on May 5, 2009 at 12:01:00 AM Central Time (CT) and ends August 2, 2009 at 11:59:59 PM CT (the "Promotion Period"). Please note that the period for entry into the Contest ends June 21, 2009, as explained more fully below, while entry into the Sweepstakes ends August 2, 2009, also as explained more fully below. By participating in the Sweepstakes and/or the Contest, each entrant ("Participant") unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of McDonald’s USA, LLC ("Sponsor"), which shall be final and binding in all respects.

2. PROMOTION ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and D.C. who are eighteen (18) years of age or older (or the age of majority in their state of residence, if the age of majority is older than 18) at the time of entry. Persons in any of the following categories are NOT eligible to participate or win prizes in the Sweepstakes and/or Contest: (a) any person who on or after January 1, 2009 was or is a McDonald's restaurant franchise owner or employee or a director, officer, employee, agent, or independent contractor of: Sponsor or Visa, Inc.; any of their respective parent companies, subsidiaries, affiliated companies or service agencies; and any entities retained by Sponsor for the administration of the Promotion; (b) individuals who are engaged in the development, production or distribution of Promotion materials or the prize supply for the Game; and (c) persons who are immediate family members (defined as spouse, IRS dependent, or biological, adoptive or step- mother, father, sister, brother, daughter or son, and each of their respective spouses) of, or who reside in the same household as, any person in any of the preceding categories. Void outside the 50 United States and DC and where prohibited.

3. HOW TO ENTER SWEEPSTAKES: Go online to www.mcdonaldsmccafeyourday.com (the "Website") and click on the "Enter for a Chance" button and follow the prompts. Participants are required to enter their first and last name, phone number, complete mailing address, date-of-birth and e-mail address. After providing the required information, Participants must read these Official Rules and click on the "I ACCEPT" button to accept them before proceeding. Limit of one (1) entry per person, per email address per day (12:00:01 A.M. CT - 11:59:59 P.M. CT). Any additional entries by the same person during any day (as defined herein), will void and render ineligible all entries submitted by that person that day. Any person who uses any device or artifice to attempt to enter Sweepstakes multiple times in violation of the entry limitation will be disqualified. Incomplete or otherwise non-compliant entries will be disqualified. Once submitted, entries become the property of the Sponsor and will be used by Sponsor in accordance with its online privacy policy. NOTE: Entries made by any other individual or entity that is not the person named on the submitted entry, or made in any manner inconsistent with these Official Rules, will be declared invalid and disqualified from this Sweepstakes.

4. SWEEPSTAKES WINNER SELECTION: Following each of the thirteen (13) weekly entry periods listed below, a random drawing will be conducted on the dates specified below (each a "Drawing Date") to award Ten (10) Weekly Sweepstakes Prizes per drawing. The winners in each drawing will be selected from among all eligible, previously non-winning Sweepstakes entries received in all Entry Periods preceding each drawing.

	Entry Period	Drawing Date		Entry Period	Drawing Date
Week 1	May 5 - May 10	May 27	Week 7	June 15 - June 21	July 7
Week 2	May 11 - May 17	May 27	Week 8	June 22 - June 28	July 7
Week 3	May 18 - May 24	May 27	Week 9	June 29 - July 5	July 7
Week 4	May 25 - May 31	May 27	Week 10	June 6 - July 12	August 4
Week 5	June 1 - June 7	May 27	Week 11	July 13 - July 19	August 4
Week 6	June 8 - June 14	June 16	Week 12	July 20 - July 26	August 4
			Week 13	July 27 - August 2	August 4

The drawings will be conducted by an independent judging organization whose decisions along with the Sponsor's are final and binding in all respects. In addition, at the same time the independent judging organization will execute a sequential random drawing, and will set aside, five (5) additional entries, for potential use in accordance with the provisions of Winner Notification Rule 12, below, of these Official Rules. Non-winning entries received in any one Entry Period will automatically be included in any subsequent drawings. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or cannot be notified or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected in a random drawing from among the remaining eligible entries. If there is still no confirmed winner of the prize in question after such attempts have been made, the applicable prize will go unawarded.

5. SWEEPSTAKES PRIZES/APPROXIMATE RETAIL VALUES ("ARV")/ODDS:

	Qty Available	Prize ARV per Prize	Total ARV of All Avail. Prizes
Each Weekly Sweepstakes Prize winner will receive: One (1) $1000 Visa Gift Card and One (1) $50 McDonald’s Arch Card	130	$1,050	$136,500

Use of Gift Card and McDonalds Arch Card is subject to all terms, conditions and policies of the respective issuing parties. Visa Gift cards valued at One Thousand Dollars ($1000) expire twelve months after activation. Visa Gift cards must be used in full prior to expiration. The Visa® Prepaid card may be used anywhere Visa debit cards are accepted. The Visa Prepaid card is issued by JPMorgan Chase Bank, pursuant to a license from Visa U.S.A. Inc. The odds of winning a prize depend upon the total number of eligible entries received in accordance with these Rules prior to each drawing.

6. HOW TO PARTICIPATE IN CONTEST

a.	Basic Information: To enter, access the Website beginning May 5, 2009 at 12:00:01 a.m. CT and ending June 21, 2009 at 11:59:59 p.m. CT (the "Contest Entry Period"), and proceed to the Contest entry page where you will be required to complete an online registration form with all required information, including your name, complete postal mailing address, email address, birth date, telephone number, and gender ("Registration").
b.	Photo: Once you have completed the Registration, you will be taken to a Contest entry page and asked to upload an original digital photograph of yourself that is equal to or smaller than 500 kilobytes in size and in JPEG/JPG format only.
c.	Story: Next, in the captioned area "Story." you will be asked to type an original story describing how your day or a friend’s day could be made a little better. Story may not exceed 100 words, and must be in English or Spanish.
d.	Accept Legal: Once you have uploaded your basic information, photograph and story (collectively, "Submission"), you will be taken to a different Contest page and asked to read and accept the Submission Agreement and the terms of these Official Rules. In order for your Submission to be valid, and for you to be entered in the Contest, you must click on the "I ACCEPT" button on the Submission Agreement page. If you have completed all of the preceding steps, a "thank you for entering" page will be shown to confirm your entry in the Contest. Limit one (1) Submission per person/email address for the entire Contest Entry Period.

All Contest Submissions must be received by 11:59:59 PM CT on June 21, 2009 in order to be included in the Contest. All Submissions become Sponsor’s property and will not be returned.

All Submissions must meet the following requirements: Submission cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; Submission 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; Submission cannot be obscene or offensive, endorse any form of hate or hate group; Submission cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; Submission cannot contain trademarks, logos or trade dress owned by others or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; Submission cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples" other than the musical tracks provided) without permission; Submission cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than entrant, without permission; Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and Submission cannot depict, and cannot itself, be in violation of any law. By submitting a Submission, each entrant grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify the Submission in any way, in whole or in part, in commerce and in any and all media worldwide now known or hereinafter developed, without limitation and without further consideration or notice to the entrant. Submission of any Submission further constitutes the entrant’s assignment and transfer to the Sponsor of any and all rights, title, and interest in and to the Submission, including, without limitation, all intellectual property rights. The right to submit or use an essay/photo included in any Submission must not be restricted in any way. By submitting a Submission you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtain permission from a person who's name, likeness or voice is used in the Submission and (f) and that publication of the Submission via various media including Web posting, will not infringe on the rights any third party rights. Any such entrant will indemnify and hold harmless, Sponsor from any claims to the contrary. SUBMISSIONS ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. By submitting a Submission, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation that Sponsor is free to disclose or otherwise disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

Sponsor reserves the right to remove, reject or disqualify (along with the entrants who submitted them.) any Submissions which, in its opinion or the opinion of the independent qualified official judges (“Contest Judges”), violate any of these Official Rules or are otherwise inappropriate for inclusion on the Website. Sponsor further reserves the right to remove and disqualify (along with the entrant who submitted it.) Any posted Submission if Sponsor determines, after the Submission has been posted, that the entrant has violated these Official Rules or the policies, terms or conditions of the Website in any way. Any votes received for such entry prior to date/time of removal will be invalidated. (See voting details in Rule 8, below.)

7. CONTEST JUDGING: At the conclusion of the Contest Entry Period, the Contest Judges will select five (5) potential Finalists based on the following judging criteria:

A.	Creativity/Originality: 25%
B.	Appropriateness to theme: 25%
C.	Clarity of Expression: 25%
D.	Amicable/Potential for Photo Appeal: 25%

Criteria A. through C. apply to the story portion of the Submission; Criterion D. applies to the photo portion. In the unlikely event of a tie, the tied entrant with the highest score in Criterion A. Creativity/Originality will be deemed the potential Finalist. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A. determining the potential Finalists from among the tied entries, the highest scores in. each of Criteria B. through D., in sequence (to the extent needed) will determine the potential Finalists. The photographs and stories of the verified Finalists selected by the Contest Judges, as well as their first names and cities/states of residence, will be posted on the Website for purposes of voting by the general public on or about July 13, 2009, as shown in Rule 9, below. Status as a Finalist will be subject to verification of eligibility and compliance with these Official Rules Each verified Finalist will receive a Finalist Prize as described in Rule 11, below.

During the Contest Entry Period but prior to the Public Voting Period (see Rule 9, below), selected Submissions may be posted at Sponsor’s sole discretion, in whole or in part, on the Website. Such postings, if they occur, may be on a rotating or occasional basis and may be discontinued at any time at Sponsor’s sole discretion. Posting of a Submission or portion thereof at this phase of the Promotional Period is not meant to indicate that the Submission is a potential Finalist or a potential winner in the Contest, or that the Submission is otherwise favored in any way. Such postings will occur, if at all, solely for illustrative purposes.

8. PUBLIC VOTING: Each day of the Public Voting Period (as defined in Rule 9, below), beginning at 12:00:01 a.m. CT and ending at 11:59:59 p.m. CT, any person who meets the eligibility requirements of this Promotion may access the voting page on the Website and vote for one (1) Finalist entry posted on the Website that s/he feels deserves to be declared a Grand Prize winner of the Contest. Limit one (1) vote per person/ e-mail address per day. Voting will be subject to the terms of use of the Website and to any additional voting instructions that may be posted on the Website. All votes must be received by 11:59:59 p.m. CT on July 26, 2009.

Any individual or group engaged in vote manipulation or fraudulent voting practices in violation of these Official Rules,, including but not limited to the use of any robotic, automatic, mechanical, programmed or similar method to submit votes, may be in violation of criminal and civil laws and may subject to legal action by Sponsor or its agents, and all votes submitted thereby will be disqualified. If Sponsor determines that a Finalist is involved in such prohibited activity, all of his/her votes shall be deemed void, and s/he will be disqualified from the Contest and will not be eligible to receive a prize. CAUTION: ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND/OR DISQUALIFY ANY ENTRANT OR FINALIST.

9. ENTRY VOTING SCHEDULE

Contest Entry Period	Entry Judging Period	Public Voting Period	Grand Prize Winner Announcement
May 5 - June 21	May 5 - June 23	July 13 - July 26	August 3

10. FINAL DETERMINATION OF GRAND PRIZE WINNERS: Following the conclusion of the Public Voting Period, all votes received by each Finalist will be counted. In order to determine the Grand Prize Winners, the Contest Judges will take into consideration the scores each Finalist received in the initial judging phase, and the number of valid votes each Finalist received during the Public Voting Period. The following weights will be assigned to the judging scores and the public voting totals: Judging Scores - 75 %; Public Voting Totals - 25 %. On the basis thereof, the Contest Judges will declare two (2) Finalists the two (2) potential Grand Prize Winners, subject to verification of votes received and verification of eligibility and compliance with these Official Rules. In the event of a tie, the tied Finalist with the highest score in criterion A. Creativity/Originality in the initial judging phase will be declared one of the two (2) potential Grand Prize Winners. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A. determining the potential Grand Prize Winner from among the tied Finalists, the highest scores in each of Criteria B. through D., in sequence (to the extent needed) will determine the potential Grand Prize Winner(s). In case of a tie involving a Wisconsin resident, duplicate prizes will be awarded. Status as a Grand Prize Winner will be subject to verification of eligibility and compliance with these Official Rules. The verified Grand Prize Winners will receive, in addition to a Finalist Prize, the Grand Prize as described in Rule 11, below.

11. CONTEST PRIZES/APPROXIMATE RETAIL VALUES ("ARV")

	Qty	Prize ARV	>Total ARV
Contest Finalist Prize: Each Finalist will receive: One (1) $1000 Visa Gift Card and One (1) $50 McDonald’s Arch Card	5	$1,050	$5,250
Contest Grand Prize: In addition to the Finalist Prize, the Grand Prize Winner will receive: One (1) $50,000 Visa Gift Card and One (1) $500 McDonald's Arch Card	2	$50,500	$101,000
	7		$106,250

Visa Gift cards valued at fifty thousand dollars ($50,000) expire eighteen months after activation. Visa Gift cards valued at One Thousand Dollars ($1000) expire twelve months after activation. Visa Gift cards must be used in full prior to expiration. The Visa® Prepaid card may be used anywhere Visa debit cards are accepted. The Visa Prepaid card is issued by JPMorgan Chase Bank, pursuant to a license from Visa U.S.A. Inc

12. WINNER/FINALIST NOTIFICATION: The potential weekly Sweepstakes winners will be contacted within approximately five (5) days after each drawing, and the potential Contest Grand Prize Finalists will be contacted within approximately five (5) days after the conclusion of the initial judging process. Winners/Finalists/Grand Prize Winners will be sent a notice in writing ("Prize Notification") by mail. Potential prizewinners will be required to execute an Affidavit of Eligibility, a Liability Release, and where legal, a Publicity Release (the "Prize Claim Documents"). Failure to return the Prize Claim Documents by the deadline indicated in the Prize Notification, or the determination that a potential winner/Finalist (as applicable) is not eligible to receive a prize, will result in prize forfeiture. If a Sweepstakes prize is forfeited, Sponsor may award the prize to an alternate winner selected in the manner described in Rule 4, above. If a Finalist is disqualified for any reason, s/he will not receive a Finalist prize, and his/her Submission will not be included in the Public Voting. If this should occur, the Contest Judges may select an alternate Finalist on the basis of the scoring in the initial judging. Any alternate winner/Finalist who will be notified as described above and required to complete and return the Prize Claim Documents in accordance with the provisions above. Each prize winner will be issued an IRS 1099 Tax Form for the stated value of the prize in January, 2010, following the receipt of prize. If Sponsor so elects, a potential prize winner 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 Sweepstakes and/or Contest will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes and/or Contest as determined by Sponsor in its sole discretion. Sponsor reserves the right to disqualify a potential Winner/Finalist on the basis of the findings resulting from such background check.

13. GENERAL CONDITIONS: By entering the Sweepstakes and/or Contest, each entrant agrees to abide by and be bound by these Official Rules and the decisions of the Sponsor and the independent judging organization/Contest Judges, as applicable. All such decisions shall be final, binding and non-appealable. Prizes are non-assignable and non-transferable. No prize substitutions or cash redemptions expect as provided herein. Sponsor reserves the right in its sole discretion to substitute a prize or portion thereof of equal or greater value if any prize or portion thereof is unavailable for any reason. Details of prizes or portions thereof not specified herein, if any, will be determined at the sole discretion of Sponsor. Each prize winner shall be solely responsible for all federal, state and/or local income taxes incurred in association with acceptance of the prize. By participating in the Promotion, each Participant agrees that the Sponsor and its parent company, subsidiaries, affiliated companies, promotion and advertising agencies and official judges (the "Promotion Entities") shall not be responsible or liable for any losses, damages or injuries of any kind, including but not limited to those related to defamation, portrayal in a false light or privacy rights, resulting from or in connection with participation in the Sweepstakes and/or Contest or from acceptance, receipt, possession and/or use or misuse of a prize, or from the posting or publication of any Submission or portion thereof online or in any media. The Promotion Entities assume no responsibility for any damage to an entrant's computer or telephone system that is directly or indirectly caused by accessing the Website or otherwise participating in the Sweepstakes and/or Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, dropped or delayed computer transmissions or network connections that are human or technical in nature. The Website's database clock will be the official timekeeper for this Sweepstakes and/or Contest. Once submitted, entries become the property of the Sponsor. Except as otherwise provided in these Official Rules, information collected in connection with the Promotion will be used by Sponsor in accordance with its online privacy policy, located at http://www.mcdonalds.com/privacy.html. NOTE: Entry in the Sweepstakes and/or Contest must be made by the entrant and only at the Website. In the event of a dispute as to the identity of an entrant, the entry in question will be deemed submitted by the authorized account holder of the e-mail account for the e-mail address provided at the time of entry. The authorized account holder shall be the natural person to whom the applicable e-mail address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. No mechanically reproduced, illegal, forged, software generated or other automated entries will be accepted. This Promotion is subject to all applicable federal, state and local laws and regulations.

14. MISCELLANEOUS:

a.	DISQUALIFICATION: It is the Participant's responsibility to ensure that Participant has complied in all respects with these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry processes or the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
b.	FORCE MAJEURE: Sponsor reserves the right, without prior notice and at any time, to terminate the Promotion, in whole or in part, or modify or suspend the Promotion in any way, if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Promotion. In the event Sponsor is prevented from continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man made epidemic of health of 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 or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated, in whole or in part, before the designated end date, Sponsor reserves the right to select the Sweepstakes winners (or the remaining Sweepstakes winners, as the case may be) in a random drawing from all eligible, non-suspect entries received as of the date/time of the event giving rise to the termination, and to select the Contest Finalists and Grand Prize Winner from among all eligible, non-suspect Submissions received as of the date/time of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. Any prizes that are not duly claimed in accordance with these Official Rules will not be awarded.
c.	INVALIDITY: These Official 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 Sponsor. The invalidity or unenforceability of any provision of these 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 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. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
d.	LANGUAGE DISCREPANCY: In the event there is a discrepancy or inconsistency between the English language version and the Spanish language version of these Official Rules or of any Sweepstakes and/or Contest materials, the English version shall prevail, govern and control.
e.	GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the Participant or Sponsor in connection with the Promotion shall be governed by and construed in accordance with the internal laws of 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's laws.
f.	ARBITRATION DISCLOSURE: By participating in this Promotion, each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against the Promotion Entities arising out of, relating to, or connected in any way with the Sweepstakes and or Contest, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by the National Arbitration Forum (the "Forum") and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. 1-16; (3) the arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure (provided such location is reasonably convenient for 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 applicable Participant may have entered into in connection with the Promotion; (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 the Participant's and/or Sponsor's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the Participant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and the Participant is unable (or not required under the applicable Code of Procedure) 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 Code of Procedure established by the Forum, 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 the Forum and/or the Forum's Code of Procedure, participants may visit their Website at www.arb-Forum.com or contact them at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405.

14. WINNERS LIST: To receive an Official Winners List for the Sweepstakes and Contest, mail a self-addressed stamped envelope to: McCafe Winner’s List, PO Box 2387, 1070 S. Calumet Road, Chesterton, IN 46304. The Winners List will be available after August 31, 2009. The Winners List request must be received by August 31, 2009, and will be fulfilled following the awarding of prizes.

15. OFFICIAL RULES: To receive a copy of these Official Rules, mail a self-addressed stamped envelope to: McCafe Official Rules Request, PO Box 2387, 1070 S. Calumet Road, Chesterton, IN 46304. Return postage may be omitted on Official Rules requests that are mailed to a return address located in Vermont. The Official Rules Request must be received by August 31, 2009.

Sponsor: McDonald’s USA, LLC, Oakbrook, IL. 60523