Big Mac® Chant - Call for Submissions

Submission Guidelines

1. DESCRIPTION:  The “Big Mac® Chant Promotion” (“Promotion") is a chant submission Promotion administered through the online networking community MySpace, Inc.  Membership on MySpace is free, and can be obtained by logging on to www.myspace.com and following the onscreen instructions to open an account.  The sponsor of this Promotion is MySpace, Inc. ("Sponsor"), 407 North Maple Drive, Beverly Hills, CA 90210.  This Promotion is being conducted by Sponsor in connection with McDonald’s USA, LLC (“McDonald’s”), 2111 McDonald’s Drive, Oak Brook, IL 60510, the owner of the Big Mac “two all-beef patties, special sauce, lettuce, cheese, pickles, onions, on a sesame seed bun®” chant .  The administrator of this Promotion is Creative Zing Promotion Group ("Administrator"), 100 E. Pine Street, Suite 201, Orlando, Florida 32801. Hereinafter, Sponsor, McDonald’s and Administrator will be collectively referred to as the “Promotion Entities”.  The Promotion will operate as follows:

·     Submission Description:  Participants will submit their unique rendition of the Big Mac “two all-beef patties, special sauce, lettuce, cheese, pickles, onions, on a sesame seed bun®” chant (“Chant” or Submission”), according to the criteria in Section 3 of the Guidelines for a chance to potentially have their Chant included in an upcoming advertising campaign.

·     Promotion Submission Period:  The Promotion submission period begins on June 16, 2008 and ends on July 6, 2008 at 11:59 AM Pacific Time (“PT”).

·     Judging Period:  On or about July 7, 2008, a panel of judges will select up to five (5) finalists (“Finalists”) according to the criteria in Section 5 of the Guidelines.

·     Finalist Notification:  On or about July 8, 2008, five (5) Finalists will be contacted to confirm eligibility and obtain releases, according to Section 6 of the Guidelines.

·     Voting Period:  Beginning on or about July 16, 2008 through July 20, 2008, registered MySpace users (“MySpace Users”) will be able to vote on the Finalists, according to their judgment and interpretation of the creative content as described in Section 5 of the Guidelines.

·     Winner Announcement:  The winner will be announced on or about July 22, 2008 and the winning Chant may be featured in an upcoming advertising campaign.

2.  ELIGIBILITY: Promotion is open only to legal residents of the fifty (50) United States and Washington D.C., who are at least 18 years of age or the age of legal majority in the state of primary residence at time of entry (“Participant”).   Participants must physically reside in the United States.  Each Participant must have Internet access as of June 15, 2008. Employees, shareholders, officers, directors, agents, and representatives of Promotion Entities and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, together with the immediate family members and those living in the same household of such persons, are not eligible to participate in the Promotion Notwithstanding the foregoing, McDonald’s restaurant crew members and their immediate family members and those living in the same households of such McDonald’s restaurant crew members are eligible to participate, provided they meet all other eligibility criteria. Promotion void where prohibited.

3.  HOW TO PARTICIPATE: To participate, visit the Promotion web site during the Submission Period and add   http://www.myspace.com/bigmacchant (“Website”) as a friend. Participant must fill out the online registration form and submit the Chant according to the on-screen instructions.  During the registration process, the Entrant will be required to provide a “Display Name” which will be publically displayed in conjunction with the Submission.  Submissions must be received by July 6, 2008 at 11:59 AM PT. Limited of one (1) Submission per person, per day for the duration of the Submission Period. Participants must provide all information requested to be eligible for selection. Entry is not complete until Participant has followed the online prompts to complete the Submission.

·      The Big Mac chant must used in its entirety at one point in the song – “two all-beef patties, special sauce, lettuce, cheese, pickles, onions, on a sesame seed bun”

·      Submissions can be either audio or video format, in the following formats: .avi, .asf, .dv, .wmv, .mov, .qt, .3g2, .3gp, .3gp2, .3gpp, .gsm, .mpg, .mpeg, .mp3, .mp4, .m4v, .mp4v, .cmp, .divx, .xvid, .264, .rm, .rmvb, .flv, .mkv, .ogm

·      Submissions must NOT exceed :30 in total run time

·      Submissions HAS to feature the Participant; no third parties submissions are permitted. Group or bands submissions are allowed as long a member of the band submits it, and have proper authorization from the other members.

·      Submission can include instrumental accompaniment ONLY if the Participant is a member of the band/group and is singing or playing a instrument in the Chant.

·      No lip synching or post-production voice enhancements are permitted

·      Submissions must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), derogatory, offensive, threatening, profane, or harassing

·      Submission must NOT include mention or performance of any copyrighted material including but not limited to music (other than the song tracks provided for use in conjunction with this Promotion), films, books, television programming, etc., or identifying descriptions of any media property

·      Submissions must NOT include 3rd party trademarks, logos, insignia, location signage, photographs, artwork, or sculpture

·      Submission must not defame, misrepresent or contain any disparaging or deragotory comments about McDonald’s or its products, Sponsor, Administrator, or other people, products or companies

Participants who provide Submissions which violate any of these requirements may be deemed ineligible for consideration and their Submission may be void at the Promotion Entities’ sole discretion. Promotion Entities reserve the right to disqualify in their sole and absolute discretion any Submissions deemed inappropriate or that do not comply with the Website’s Terms of Use. Submissions may not contain any derogatory references to any Promotion Entities. The Participant should be able to provide on request all appropriate clearances, permissions and releases for the Submission (in the event the Participant cannot provide all required releases, Promotion Entities reserve the right, in their sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Promotion Entities benefit, or allow the applicable Submission to remain in the Promotion).  Promotion Entities reserve the right to determine in their sole discretion which Submissions have satisfied the participation requirements. ELIGIBLE PARTICIPANTS MUST SUBMIT IN ACCORDANCE WITH THESE GUIDELINES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.

4. MATERIALS/RIGHTS IN SUBMISSIONS:  In consideration of a Submission being reviewed and evaluated for this Promotion, each Participant hereby agrees that its Submission will be deemed a Work Made For Hire on behalf of McDonald’s under the Copyright laws of the United States; to the extent it cannot be so deemed, then the Participant irrevocably assigns and transfers to McDonald’s all of his/her right, title and interest in and to his/her Submission, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide.  Each Participant hereby waives in favor of McDonald’s, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the Participant  may now or later have to their Submission.  McDonald’s reserves the right to alter, change or modify any Submission  in its sole discretion.  Upon request, Participants shall execute and deliver such additional instrument of assignment, as may be solely deemed by McDonald’s, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Submission Guidelines.  Should McDonald’s fail to request the said assignment as stated, that shall not be deemed a waiver of McDonald’s rights and McDonald’s may at a later time request the assignment.  Further, McDonald’s may request from any Potential Winner (as defined below), that the Potential Winner secure from the videographer (to the extent there is one) an irrevocable assignment and transfer to McDonald’s all of the videographer’s right, title and interest in and to the Submission, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged.  The videographer may be required to waive in favor of McDonald’s, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the videographer may now or later have in the Submission.  Should McDonald’s fail to request the said assignment as stated, that shall not be deemed a waiver of McDonald’s rights and McDonald’s  may at a later time request the assignment(s).   In addition, each Participant hereby grants to the Promotion Entities the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, including to the extent applicable (a) any information, biographical data, and material submitted by Participant in connection with the Promotion; and (b) all graphics, statements, and quotations of or by you and furnished by you as part of this Promotion (the “Material”), in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol. Each Participant understands that his or her name and other Materials may be posted on the Website in connection with Promotion. McDonald’s reserves all right, title and interest in and to the Big Mac chant (i.e., “two all-beef patties, special sauce, lettuce, cheese, pickles, onions, on a sesame seed bun”) and any and all McDonald’s trademarks, including, without limitation, Big Mac® and McDonald’s®.  McDonald’s grants to each Participant the limited right to use the Big Mac chant and its related trademarks in connection with each Participant’s Submission for this Promotion.  Any other uses of the Big Mac chant and any McDonald’s trademarks, whether incorporated into the Submission or otherwise, will require the written authorization of McDonald’s, which may be granted or denied by McDonald’s in its sole and absolute discretion.  Participant agrees that the Promotion Entities have no obligation to post your Submission or any Material on the Website.   Each Participant authorizes the Promotion Entities to utilize, for eternity and in any manner they see fit, the Submission provided to Promotion Entities, and to make derivative works from such materials solely in connection with the Promotion (i.e., without limitation, to create promotional materials).   Each Participant releases the Promotion Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Participant agrees and acknowledges that participation in the Promotion, including, without limitation, the Participant’s decision to provide the Submission to Promotion Entities for purposes of the Promotion, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Promotion Entities and Participant, does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Participant’s Submission, and that the only contracts, express or implied, between the Promotion Entities and Participant is as set forth in these guidelines and the release forms. In addition, by participating in the Promotion and providing a Submission, each Participant hereby grants permission (except where prohibited by law) for the Promotion Entities to use Participant’s Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe.  Except as required by law or permitted pursuant to these Promotion guidelines, the Promotion Entities will not share a Participant’s information with any third parties.

5.  JUDGING & MYSPACE USER VOTING CRITERIA:  Submissions will be reviewed by a panel of judges selected by Promotion Entities (“Judging Panel”) to narrow the Submissions to up to five (5) Finalists.  During the Voting Period, the five (5) Finalists will be evaluated based on a popular vote methodology (thumbs-up/thumbs-down) according to MySpace Users’ judgment and interpretation of the creative content. Submissions will be judged on the subjective opinions of the MySpace Users who choose to participate in the process. In the event of a tie during the Voting Period, the Promotion Entities will host a 24-hour vote-off round between tied Finalists. In the event of such a tie, additional details regarding the vote-off will be made available on the Website and through an outreach to friends of the Big Mac Chant profile.  All decisions of the Promotion Entities are final on all aspects of the Promotion. Votes generated by a script, macro or other automated means will be disqualified.  Submissions will be scored based on the following criteria:

1. Vocal Quality:  50%

2. Entertainment Value & Appeal: 25%

3. Creativity:  25%

6.  POTENTIAL FINALIST NOTIFICATION: Each of the five (5) potential Finalists will be notified by telephone, email and/or overnight mail on or about July 8, 2008 and will be required to respond within 24 hours of the notification attempt. The failure to respond in a timely manner to the notification may result in forfeiture of participation in the Promotion and, in such case, Promotion Entities will select an alternate Finalist. Potential Finalists will be required to execute and return an affidavit of eligibility and liability/publicity release (where legally permissible) and other related documents required by the Promotion Entities within a reasonable amount of time, as determined by the Promotion Entities in their sole discretion. Potential Finalists will NOT proceed to the next round until all such properly executed and notarized documents are returned.  Once all required paperwork has been received by the Promotion Entities in accordance with these Promotion Guidelines, the five (5) Finalists will progress to the Voting Period.

7.  POTENTIAL WINNER NOTIFICATION: The potential winner (“Potential Winner”) will be determined based on the aforementioned judging results.  The Potential Winner will be contacted via phone, email or overnight mail to confirm eligibility and compliance with the Guidelines on or about July 21, 2008.  Potential Winners must be able to receive telephone calls from an unlisted and/or blocked number. Messages may not be left. Promotion Entities reserve the right to disqualify anyone not fully complying with the Guidelines or meeting the participation criteria.  Potential Winner will be required to respond as directed by the Promotion Entities to the notification. The failure to respond timely, to the notification may result in forfeiture and, in such case, Promotion Entities may declare an alternate Potential Winner, based on judging results. Potential Winner will be required to verify address and return an affidavit of eligibility and liability, and a publicity release, unless prohibited by law, and undergo a background check.  All documents must be returned within 24 hours or as directed by the Contest Entities. Once all documents have been received, McDonald’s will work directly with the Winner to have the Chant professionally recorded in a studio, as determined at the sole discretion of the McDonald’s.  The winner may be required to sign addition agreements, including but not limited to a Work for Hire agreement.  Under the terms of such agreements, the winner will be reimbursed for reasonable travel expenses as determined at the sole discretion of McDonald’s. THE RECORDING DATE IS TENTATIVELY SCHEDULED FOR JULY 24, 2008 IN LOS ANGELES, CALIFORNIA.  WINNER MUST BE AVAILABLE TO TRAVEL ON THIS DATE.

8.  NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Participant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees.  Each Participant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects.  Each Participant acknowledges and agrees that such Participant will not be entitled to any compensation as a result of any Promotion Entities use of any such similar or identical material.  Each Participant acknowledges and agrees that the Promotion Entities do not now and shall 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 copyright in and to the Submission.  Finally, each Participant acknowledges that, with respect to any claim by Participant relating to or arising out of a Promotion Entities actual or alleged exploitation or use of any Submission or other material submitted in connection with the Promotion, 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 the Submission or any other production based on or allegedly based on the Submission, and the Participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

9.  RIGHTS OF PROMOTION ENTITIES/ DISCLAIMER OF LIABILITY:  Promotion Entities, shall have the right and sole discretion to edit, to refuse to use or cease to use any Submission whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of Promotion Entities requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason.  Promotion Entities also reserve the right to replace the Chant if a Participant is withdrawn from or removed from the Promotion for any reason, including without limitation, Participant’s failure to have documents executed as directed by the Promotion Entities. Promotion Entities also reserves the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the guidelines at any time and/or to terminate the Promotion for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Promotion or the Promotion Entities and, in such situation, to select the Chant from the eligible Submissions received prior to the action taken or in such manner as deemed fair and appropriate by Promotion Entities.  The Promotion Entities are not responsible for any materials provided by Participants which are deemed harmful or offensive to others or for any harm incurred as a result of the Submission creation. The Promotion Entities are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the on the  telecast. The Promotion Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Participants are those of such Participants only, and the Promotion Entities neither endorse nor shall be held responsible for the reliability or accuracy of same.  Promotion Entities are not responsible for the content or practices of third party Web sites that may be linked to the Promotion website. This site may also be linked to Web sites operated by companies affiliated with Promotion Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices.

10.  WARRANTY:  It is an express condition of submission and eligibility that each Participant warrants and represents that Participant’s Submission is solely owned by Participant and solely created by Participant for the purpose of entering this Promotion, and that no other party has any rights or interest in the Submission. Participant further represents and warrants that the Submission and any use thereof by the Promotion Entities, and each of their respective parent companies, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law copyright and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.

11.  INDEMNITY:  The Promotion may also be promoted by a third party or parties (each a “Promotional Partner,” collectively “Promotional Partners”). Participant shall indemnify, defend and hold harmless the Promotion Entities, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising out of or in connection with any third party action arising out of or resulting from (i) Participant’s participation in the Promotion, (ii) a breach or allegation which if true would constitute a breach, of any of Participant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from.

12.  GENERAL TERMS AND CONDITIONS:  By participating, each Participant agrees that the Promotion Entities and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisors, and each of their respective employees, shareholders, officers, and directors are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Promotion Entities that may cause the Promotion to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Promotion; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Promotion; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy.  Promotion Entities reserve the right, in their sole discretion, to suspend or cancel the Promotion at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Promotion, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Promotion Entities. Promotion Entities reserve the right, at their sole discretion, to prohibit any Participant from participating in the Promotion or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Promotion; to be attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the guidelines; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.  Promotion Entities may suspend or discontinue the Promotion if, in their sole opinion, there is any actual or suspected tampering of the Promotion, or any other malfunction, event or activity that may affect the integrity of the Promotion.  PROMOTION ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY SPONSORSHIP THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN NOTIFICATION, OPERATION OR FUNCTION OF THIS PROMOTION.

13.  DISPUTES:  All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion, or the rights and obligations of Participants and the Promotion Entities in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law Guidelines or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any  jurisdiction other than the State of California. In the event of a claim or dispute, Participants’ sole remedy shall be limited to their remedy at law for damages, if any, and Participants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Website, the Promotion, and/or any intellectual property owned or licensed by the Promotion Entities or their respective parent companies and affiliated entities.

14.  PRIVACY POLICY:  Any personal information supplied by any Entrant to MySpace will be subject to MySpace’s privacy policy posted at http://collect.myspace.com/misc/privacy.html?z=1. By entering, the Participant grants MySpace permission to share your email address and any other personally identifiable information with the corresponding Promotional Entities solely for the purpose of eligibility, judging and notification.  MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than the corresponding Contest Entities as described above herein.