1. 1. Appstakes Description.

   McDonald’s USA, LLC (the “Sponsor”) is celebrating Marvel Studios’ “The Marvels” movie and providing eligible participants with an opportunity to win prizes in the Hero Getaway Vacation Appstakes at McDonald’s (“Appstakes”). When an eligible customer who is opted in to the MyMcDonald’s Rewards program uses the McDonald’s App in connection with any Happy Meal purchase during the Entry Period (defined below) as explained in Rule 3.A. at any participating McDonald’s restaurant, they will receive one entry in the Appstakes (each, an “Entry”). Participants can also enter without making a purchase and without being opted in to the MyMcDonald’s Rewards program via the alternate method of Entry (“AMOE”). Refer to Rule 3.B. for AMOE details.

   The Entry Period for this Appstakes begins on July 18, 2023, at 12:00:00 a.m. local time (“LT”) and ends at 11:59:59 p.m. LT on August 14, 2023 (the “Entry Period”). The database clock for the servers operating the McDonald’s App and the AMOE entry form website will be the official timekeeping devices for the Appstakes. Except as otherwise specifically stated in these Official Rules, all times mentioned in these Official Rules are local time. A day is the 24-hour period beginning at 12:00:00 a.m. and ending that same day at 11:59:59 p.m. (a “Day”). AMOE entry period is in Eastern Time (“ET”) and will end on August 15^th, 2023, at 5:59:59 a.m. ET. Any AMOE entry received between 12:00:00 a.m. ET and 5:59:59 a.m. ET on August 15^th will be counted as though it were received on August 14^th and will be subject to the one-per-Day entry limit for August 14, 2023.

2. 2. Who Is Eligible To Enter/Win.

   The Appstakes is open only to individuals who are residents of the 50 United States and District of Columbia (the “Territory”) and who are 16 years of age or older on the Day of participation (each a “Participant”). (Any eligible individual who is 16 or older, but younger than the age of majority in their jurisdiction of residence, is referred to in these Official Rules as a “Minor”.) Any Minor should only use Mobile Order & Pay or enter the Appstakes with the permission of their parent/legal guardian.

   Persons in any of the following categories are not eligible to participate in the Appstakes: any person who on or after March 1, 2023, was or is:

   1. a. a McDonald’s restaurant franchise owner or a director, officer, employee, agent or independent contractor of a McDonald’s franchise restaurant;

   2. b. a director, officer, employee or agent of McDonald’s USA, LLC, its parent company or their respective subsidiaries, affiliated companies or marketing agencies;

   3. c. an employee of Disney Worldwide Services, Inc. (“DWS”) or its parent, related, affiliated or subsidiary company;

   4. d. a director, officer, employee, agent or independent contractor of any entity engaged in the development, production or distribution of Appstakes materials or prizes or of any entities retained by Sponsor or its agencies to assist in any way with the administration or advertisement of the Appstakes or the development of the McDonald’s App or Mobile Order & Pay ;

   5. e. an immediate family member (defined as spouse, IRS dependent, or biological, foster, in-law, adoptive or step- parents, siblings, or children) of, or anyone who resides in the same household as, any person in any of the preceding categories.

   An eligible individual who attempts to enter the Appstakes is hereafter referred to as a “Participant”. Each Participant, and their parent or legal guardian if the Participant is an eligible Minor, unconditionally accepts and agrees to comply with and abide by these Official Rules. Void where prohibited.

3. 3. How To Enter The Appstakes.

   There are two ways to enter the Appstakes during the Entry Period:

   1. A. Receive One Entry When You Complete Any Of These Actions:

      An eligible Participant who is opted in to the MyMcDonald’s Rewards program will automatically receive one Entry into the Appstakes (each, an “Entry”) when using the McDonald’s App in connection with any Happy Meal purchase from a participating McDonald’s restaurant. You can use your McDonald’s App in connection with a Happy Meal purchase by: using Mobile Order & Pay (for pickup or McDelivery); by using the 4-digit code or scannable code generated by the McDonald’s App to earn loyalty points; by redeeming a deal or MyMcDonald’s Reward; or by paying using a linked card in your McDonald’s App using the 4-digit code or scannable code generated by the McDonald’s App

      There is a limit of one Entry per purchase. If by reason of any problem, whether mechanical, technical, due to human error or omission, or other means the order cannot be completed, no Entry will be recorded. Please refer to the instructions in Rule 3.B. below on how to enter without making a purchase and without being opted in to the MyMcDonald’s Rewards program.

   2. B. Receive One Entry Without Making a Purchase (AMOE):

      To receive one Entry without making a purchase, click on this AMOE link and you will then be directed to an AMOE form that you must complete by providing your first and last name and email address, confirming your email, phone number and date of birth and checking the box to confirm that you have read and agree to the Official Rules and that you are eligible to enter the Appstakes. When you submit the entry form and it is successfully received and recorded by the website servers, that will be the date and time of the submitted Entry. AMOE Entries are measured in Eastern Time, regardless of where in the Territory the Participant is located. AMOE Entries must be received no later than August 15, 2023, at 5:59:59 a.m. ET and are subject to the daily limit of one Entry per day. AMOE Entries received between 12:00:00 a.m. on August 14, 2023, and 5:59:59 a.m. on August 15, 2023, will all be treated as though they were received on August 14^th for purposes of the daily entry limit.

   3. C. Limits:

      There is a limit of one Entry per Participant per Day (regardless of Entry method and regardless of the number of qualifying transactions that a Participant completes using their McDonald’s App during any given Day). Any subsequent entry(ies) on the same day will be disqualified and any person submitting purported entries via the AMOE in excess of the above-stated limit may be disqualified in Sponsor’s sole discretion. Participants may not share an email address with any other participant for purposes of entering the Appstakes.

   How to Get/Use the McDonald’s App: To enter the Appstakes using the McDonald’s App, you will need a Digital Device (defined below) and a valid email address. Eligible Participants must first download and install the McDonald’s App on their qualifying iOS or Android Device (e.g., an iPhone^®, Android phone or iPod Touch^®, Android Galaxy Tablet, etc.) (each a “Digital Device”) if they do not already have the current version of the McDonald’s App installed. Data rates may apply. The McDonald’s App is free, but only available in the App Store or Google Play (for iOS/Android). In the App Store, compatibility requires iOS 14+ or later for iPhone^® and iPod Touch^®. In Google Play, compatibility requires Android 11.0 or later. Use of the McDonald’s App is subject to the Terms & Conditions for the McDonald’s App, which can be found in the “Career, Contact & Legal” tab in the McDonald’s App menu.

   Once you have downloaded the McDonald’s App, complete the registration process for the McDonald’s App, including providing a valid email address. You will need to enable “Location Services” and include your email address in your McDonald’s App settings in order to use Mobile Order & Pay.

4. 4. Drawing/Odds of Winning. Sixteen potential Grand Prize winners, five hundred fifty potential First Prize winners and seven hundred potential Second Prize winners will be selected from among all eligible Entries in a random drawing on or about August 31, 2023, conducted by an independent organization selected by Sponsor. The odds of winning a prize will be determined by the number of eligible Entries received from all entry methods combined. Limit one prize per Participant.

5. 5. Winner Notification. Sponsor or Sponsor’s redemption center (the “Redemption Center”) will notify the potential winners by email within approximately three business days after the random drawing. Note that the potential winners will be notified via email and push message via the McDonald’s App if they have enabled notifications from the McDonald’s App. Agreeing to receive push messages from the McDonald’s App is not required, but please consider doing so, so Sponsor has more than one way to contact you if you are a winner.

   The potential winners must respond within five business days of receipt of email in accordance with the notification instructions and provide the Redemption Center with all requested information, which may include, without limitation: Participant’s first and last name, street address, city, state, ZIP Code and phone number (and the same information for winner’s parent/legal guardian, if winner is a Minor). Prizes won by a Minor may, in Sponsor’s sole discretion, be awarded to that Minor’s parent/legal guardian.

   Prize claim forms (“Prize Claim Forms”) will then be sent to the potential Grand Prize winners via DocuSign. The Prize Claim Forms for the potential winners will also include an Affidavit of eligibility/release of liability/prize acceptance, request for information (including, as applicable, information about friends designated to receive a prize) and publicity release (where permitted by law), a W9 form (for 1099 filing), and any other documentation reasonably requested by Sponsor, all of which the potential winners must complete and return within seven days of the date the Prize Claim Forms are sent to the potential winner. First and Second Prize winners will receive their Disney Gift Card eGifts Prize via email.

   All Prize Claim Forms received after the deadline shall be deemed void and the potential winner will be disqualified. Prize Claim Forms that are complete and duly submitted to the Redemption Center within the required period will be verified within approximately four weeks after the Prize Claim Forms are received or as soon thereafter as reasonably practical, and once verified, the winner (or their parent/legal guardian if winner is a Minor) will receive the prize in approximately four weeks following verification.

   If any potential winner (or such Minor winner’s parent or legal guardian) cannot be reached after Sponsor or its representative has made a reasonable effort to contact them, declines a prize for any reason, or fails or refuses to properly sign and return all Prize Claim Forms by the redemption deadline or if the Prize Claim Forms or any portion of a prize is returned as unclaimed or undeliverable to any potential winner, or if it is discovered that a potential winner made any false statement in any Prize Claim Form, or if the potential winner is at any time found to be ineligible or otherwise in violation of these Official Rules (including, without limitation, by using multiple sets of contact information or any other method in an attempt to circumvent the above-stated Entry limitations), that a potential winner has registered for the Appstakes using more than one email address or Digital Device, or if the potential winner declines a prize, or fails to comply with these Official Rules, such potential winner will be disqualified and will forfeit the prize and all rights to the prize they otherwise might have received.

   The Sponsor will attempt to award any such prize to an alternate winner but will not pursue more than three alternates for each prize. The submission of Prize Claim Forms is solely the responsibility of the potential winner or their parent/legal guardian if the potential winner is a Minor. Prize Claim Forms submitted become the sole property of Sponsor and will not be returned; Sponsor shall not be responsible to correspond with Participants.

6. 6. Prizes:

   Sixteen “Grand Prizes”: Each Grand Prize winner will receive a five-night Disney Cruise Line vacation for winner and up to three guests aboard the Disney Dream between January 7, 2024 and March 8, 2024, and a one-night stay in Fort Lauderdale, FL, immediately prior to the departure date. Trip includes up to four roundtrip coach airfares (with possible layovers) between a major U.S. gateway airport near the winner’s residence selected by Sponsor (“Departure Airport”) and Fort Lauderdale Airport in Fort Lauderdale, Florida (“Arrival Airport”); ground transportation for up to four persons or voucher(s) from Arrival Airport to a Fort Lauderdale area hotel (at the discretion of DWS); One standard room with a maximum occupancy of four persons at a Fort Lauderdale area hotel (hotel selection at the discretion of DWS) for one night immediately prior to the ship’s departure; Ground transportation for up to four persons or voucher(s) for local ground transportation service from the Fort Lauderdale area hotel to Port Everglades, FL (at the discretion of DWS); Ground transportation for up to four persons or voucher(s) from Port Everglades, FL to Arrival Airport (at the discretion of DWS); One stateroom aboard the Disney Dream (location/category at the discretion of DWS) with a maximum occupancy of four (4) people; All meals onboard the Disney Dream (excluding specialty and fine dining); Pre-paid onboard gratuities for the stateroom host/hostess, dining room server, assistant server and head server; Taxes, Fees, and Port Expenses (as defined on the Disney Cruise Line website); One (1) Disney Gift Card eGift for the Grand Prize winner only with a value of $100.00, subject to the terms available at https://www.disneygiftcard.com/terms/us; One official Marvel Studios’ “The Marvels” movie poster with select autograph(s) (as determined by DWS in its sole discretion); and one basket with Marvel Studios’ “The Marvels”-themed merchandise (as determined by DWS in its sole discretion). Winner will also receive a check for $4,969 for taxes or use in winner’s sole discretion. Approximate retail value (“ARV”) of the Grand Prize is $16,563. The ARV of the Grand Prize may vary depending on point of departure and fluctuations of rates and airfares (if applicable). Winner can select from the 5-night Western Caribbean Cruise from Fort Lauderdale to Cozumel, Mexico, Disney Castaway Cay (Jan 12-17, Jan 26-31, Feb 9-14, Feb 23-28 or March 8-13, 2024) or from the 5-night Western Caribbean Cruise from Fort Lauderdale to George Town, Grand Cayman, Disney Castaway Cay (Jan 7-12, Jan 21-26, Feb 4-9, Feb 18-23 or March 3-8, 2024). Costs not included in the Grand Prize include, without limitation, shore excursions, travel insurance, laundry service, spa treatments, alcoholic and specialty non-alcoholic beverages (including specialty coffee), individually charged snacks and treats (including but not limited to movie popcorn), packaged candy, ice cream, gelato, pastries and bar snacks; local and long distance telephone calls; ship to shore communications including internet, merchandise and souvenirs; tips and gratuities not specifically set forth in the Grand Prize description.

   Five Hundred Fifty “First Prizes”: Each winner of the First Prize will receive a $100 Disney Gift Card eGift. Disney Gift Card eGifts are not redeemable, refundable or exchangeable for cash (except as required by law) and are subject to the following terms: https://www.disneygiftcard.com/terms/us.

   Seven Hundred “Second Prizes”: Each winner of the Second Prize will receive a $50 Disney Gift Card eGift. Disney Gift Card eGifts are not redeemable, refundable or exchangeable for cash (except as required by law) and are subject to the following terms: https://www.disneygiftcard.com/terms/us.

   Total Number of prizes: 1,266; Total approximate retail value (“ARV”) of all prizes: $355,008.

   1. A. Grand Prize Conditions/Restrictions: Travel for the Grand Prize must be booked at least forty-five (45) days prior to the intended travel dates and must occur from January 7, 2024 to March 8, 2024. If winner lives less than two hundred miles from Port Everglades, FL, winner will not receive air travel and airport transfers. If travel is not completed by March 8, 2024 the prize will be forfeited without compensation of any kind. No changes will be made to travel details once any element(s) of the travel arrangements have been booked except in DWS’s sole discretion. Block-out dates may apply. Vacation dates and accommodations are subject to availability; certain restrictions may apply. DWS reserves the right to change the allowable travel dates, cruise ship or any other component of the Grand Prize, for any reason and in its sole discretion. No substitution of Grand Prize or any elements thereof is allowed, except at DWS’s sole discretion. Ports of call, offerings and experiences onboard are subject to change, availability and cancellation without notice. Block Out Dates at the discretion of Disney Cruise Line and subject to change. Grand Prize components may not be sold, traded, transferred, or refunded. Grand Prize is not redeemable for cash. Grand Prize is non-commissionable. Grand Prize is for the winner and up to three guests of the winner’s choosing. Once selected by the winner, guests cannot be changed without the express consent of DWS, which may be withheld for any reason. If the winner chooses to bring less than the allotted number of guests, the Grand Prize will be awarded in increments suitable for the actual number of participants with no substitute Grand Prize or compensation provided to the winner. If Grand Prize includes airfare, the winner and guests must travel together on the same itinerary, and air transportation must be round-trip from/to the Departure Airport (with possible layovers). Disney will determine airline and flight itinerary in its sole discretion. Airline carrier’s regulations and conditions apply to air travel. Airline tickets are nonrefundable, non-transferable, and are not valid for upgrades or award miles. Actual value of the prize awarded depends on a number of factors, including booking and travel dates and the number of travelers, and therefore may be lower or higher than the estimated value at the time it is fulfilled. If the actual value of the prize is less than the stated estimated value, the difference will not be awarded. The winner will not receive compensation for any element(s) of the Grand Prize that any participant(s) is unable to use for any reason, and such unused portion(s) of the Grand Prize will be forfeited. No refund or compensation will be made in the event of the cancellation or delay of any flight or cruise (as applicable). Neither DWS nor Sponsor is liable, including for any costs or expenses, if any component of the Grand Prize is delayed, postponed or cancelled for any reason and winner will not be reimbursed, and no substitution will be provided except as in DWS’s sole discretion. The winner is required to have and present at least one major credit card in good standing in order to check-in. Photo identification and credit card or cash deposit may be required at check-in for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the prize). The winner and guests are responsible for providing proper citizenship documentation to travel which may include passports, valid alien registration card and/or necessary visas. Those without proper citizenship documentation will be denied boarding. The winner and each guest are responsible for ensuring that they have proper citizenship documentation. The winner and each guest will be required to execute a liability/publicity release and waiver form prior to the booking of any travel. The winner and each guest will also be required to sign the Disney Cruise Line cruise contract before embarkation (the “Cruise Contract”). The Cruise Contract is available at www.disneycruise.com/cruisecontract. Failure to return the executed release form or to accept and sign the Cruise Contract within the specified time periods will result in forfeiture of the vacation portion of the Grand Prize. Winner acknowledges that they are solely responsible for any actions, claims or liabilities of their travel party, related to any use or misuse of the Grand Prize or any related activity or travel. Health and safety measures and operational guidelines, ports of call and offerings may change at any time without notice. Certain onboard venues, experiences and other offerings may be modified or unavailable, will have limited capacity and will be subject to limited availability, advance reservations or even closure. In the event the winner and/or guest(s) engage in behavior that, as determined by DWS or Sponsor in its sole discretion, is obnoxious or threatening, illegal, is intended to annoy, abuse, threaten or harass any other person, or is contrary to DWS’s health and safety protocols, rules or policies in effect at the time of the vacation portion of the Grand Prize, DWS reserves the right to terminate the vacation portion of the Grand Prize or other applicable experience early, in whole or in part, and send the winner and/or guest(s) home with no further compensation. The winner acknowledges and agrees to be solely responsible for any actions, claims or liabilities of any member of the group. Guests under the age of eighteen (18) not traveling with a parent or legal guardian must be accompanied by an adult over the age of twenty-one (21) in the same stateroom, which will not increase the number of guests allotted for the Grand Prize. The parent or guardian of any minor not traveling with a parent or guardian must appoint an adult to have custody and control over their minor and to contract on their behalf in connection with the Grand Prize, which will not increase the number of guests allotted for the Grand Prize. An appointment form will be included in the document package and must be signed by parent or legal guardian prior to embarkation at the Disney Cruise Line terminal. Federal, state and local taxes, if any, are the sole responsibility of the winner, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor or DWS deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances

   2. B. Gift Card Conditions/Restrictions. Any damaged, lost or stolen Disney Gift Card eGift will not be replaced. Disney Gift Card eGifts must be claimed via code provided by Sponsor by August 31, 2024. Disney Gift Card eGifts are not redeemable, refundable or exchangeable for cash (except as required by law) and are subject to the following terms: https://www.disneygiftcard.com/terms/us.

   3. C. General Prize/Entry Conditions/Restrictions. All details and other restrictions of prizes not set forth in these Official Rules will be determined by Sponsor in its sole discretion. If Sponsor so elects, a potential prize winner may be required to submit to, and cooperate in, a confidential background check to confirm eligibility and security requirements set by the Sponsor to help ensure that the use of any such person in advertising or publicity for the Appstakes will not bring Sponsor into public disrepute, contempt, scandal, or ridicule or reflect unfavorably on the Appstakes or the Sponsor as determined by Sponsor in its sole discretion. Sponsor reserves the right to refrain from conducting any advertising or publicity associated with a winner for any reason. Any difference between the approximate retail value and the actual value will not be awarded and any difference will not be refunded. There is no substitution or cash equivalent for any prize, except that Sponsor in its sole discretion can substitute a prize for a prize of equal or greater value for any reason, including if a prize is not available. All income (including, without limitation, federal, state and/or local income) on or connected with any prize (and the transfer thereof), and the reporting consequences thereof, are solely the responsibility of the winner. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Expenses not stated for any prize are the sole responsibility of the applicable winner.

   4. D. Entry Conditions: Each Participant acknowledges and agrees that the decisions of Sponsor and/or the Redemption Center shall be final, binding and conclusive in all matters relating to the Appstakes. Any person attempting to forge Prize Claim Forms or defraud Sponsor or any of the Released Entities (defined below) in any way in connection with this Appstakes may be prosecuted to the fullest extent permitted under the law. In the event of a dispute concerning the identity of a Participant, the Participant will be declared to be the registered account holder of the email address associated with the disputed Entry, but only if that person meets all other eligibility criteria. Otherwise, the Entry may be disqualified, and any potential prize won will be forfeited in Sponsor’s sole discretion. A registered account holder of an email address is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address. Winner may be required to show proof of being the registered account holder.

7. 7. General Release And Conditions of Participation. Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Forms and are advised to obtain insurance where appropriate. Sponsor, DWS, Marvel Studios, the Redemption Center and each of their parent companies, subsidiaries, affiliates, franchisees, local advertising cooperatives and McDonald’s App developers, digital/advertising/promotion agencies, and all of their respective shareholders, officers, directors, agents, representatives and employees (individually and collectively “Released Entities”) are not responsible for:

   1. a. incomplete, misdirected, late, lost, garbled, unintelligible, damaged, stolen, non-delivered or postage-due submissions of Prize Claim Forms or other Appstakes-related materials whether caused by Participants, wireless carriers, Internet Service Providers (“ISP”) or unauthorized human intervention;
   2. b. any damage to a Participant’s or other person’s computer system or Digital Device which is caused or occasioned by accessing the McDonald’s App, participating in the Appstakes or claiming an Appstakes prize;
   3. c. technical difficulties or failures of any kind including, but not limited to, lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, Digital Device or wireless carriers, websites or other connection, availability or accessibility problems arising in connection with or over the course of the Appstakes;
   4. d. miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, Digital Device, email, mobile or cable transmissions or hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower or ISP or wireless carriers;
   5. e. any technical malfunctions, failures or difficulties, printing errors, clerical, typographical or other errors in any Appstakes advertisement or other materials or any Prize Claim Forms;
   6. f. any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital, mobile or technical in nature, or unauthorized human intervention;
   7. g. any incorrect or inaccurate information, whether caused by the McDonald’s App or tampering, hacking, or by any equipment or programming associated with, or utilized in the Appstakes, including, without limitation, Entries that are submitted by automated computer programs or other illegitimate means;
   8. h. the incorrect or inaccurate capture of information or the failure to capture or loss of any information; or
   9. i. communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in a Participant’s email or voicemail inbox.

   Sponsor reserves the right to restrict or void entries or participation from any IP address, Digital Device or other identifiable source if it detects any suspicious entry and/or participation.

   Important: By participating in the Appstakes, each Participant hereby releases and agrees to indemnify and hold the Released Entities harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Appstakes or any Appstakes-related activity or the receipt, use or misuse of any prize.

   Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim said prize and any liability and publicity which might arise from claiming or seeking to claim said prize. By participating in the Appstakes, each verified winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of their name, voice and likeness, along with their address (city and state) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Appstakes and other promotions without further compensation (except where prohibited by law), and releases the Released Entities from any liability with respect thereto.

8. 8. Digital Device Requirements.

   Using a Digital Device and/or operating system not supported by the McDonald’s App may prevent participation in the Appstakes via the McDonald’s App. Your Digital Device also must support the operating system that the McDonald’s App requires for your specific device. While all efforts are made to support current operating systems and Digital Devices based on the McDonald’s App System Requirements, new operating systems and/or Digital Devices may not be supported if brought to market after the development of this Appstakes. Sponsor is not responsible for any browser or device supporting issues.

   McDonald’s App System Requirements:

   • Android^TM 11.0
   • iOS 14.0+ compatible with iPhone^® and iPod Touch^®

9. 9. Disclaimer Of Warranties. To the fullest extent permitted by applicable law, the Released Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize in connection with the Appstakes. Without limiting the generality of the foregoing, such prizes are provided “as is” without warranty of any kind, either express or implied, and, to the fullest extent permitted by applicable law, the Released Entities hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.

10. 10. Miscellaneous.

    1. A. Disqualification: It is the Participant’s sole responsibility to ensure that they have complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner will be disqualified, and the prize forfeited. No mechanically reproduced, illegible, incomplete, forged, software-generated, third-party or other automated or robotic entries, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial Appstakes subscription notification and/or entering services, will be declared invalid and disqualified from this Appstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Entry process or the operation of the Appstakes; 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 Appstakes, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.

    2. B. Force Majeure/Printing and Production Errors: Sponsor reserves the right, without prior notice and at any time, to terminate the Appstakes, in whole or in part, or modify, suspend or extend the Appstakes or Appstakes materials in any way, if it determines, in its sole discretion, that the McDonald’s App, any Appstakes materials and/or Prize Claim Forms reflect printing, production or other errors, or if it determines, in its sole discretion, that the Appstakes is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors (including, without limitation, viruses or other deleterious programs or materials, glitches or printing or production errors) have destroyed or severely undermined the proper Entry, integrity and/or feasibility of the Appstakes. In the event Sponsor is prevented from continuing with the Appstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, pandemic, earthquake, explosion, labor dispute or strike, acts 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, then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Appstakes. Only the type and quantity of prizes described in these Official Rules will be awarded.

    3. C. Invalidity: The invalidity or unenforceability of any provision of these Official 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 Official 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. Headings and captions are used in these Official Rules solely for ease of reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor. McDonald’s restaurant employees or franchisees are not authorized to modify or amend these Official Rules.

    4. D. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and Sponsor or its parent company, subsidiaries, affiliates, related companies, franchisees, local advertising cooperatives, McDonald’s App and Website developers, digital/advertising/promotion agencies, the Redemption Center or any of their respective shareholders, officers, directors, agents, representatives or employees in connection with the Appstakes shall be governed by and construed in accordance with the internal laws of the State of Illinois including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. All claims solely against DWS, its parent, or their related, affiliated or subsidiary companies (each a “Prize Provider” and collectively, “Prize Providers”) arising from or in connection with the Prizes shall be governed by and construed in accordance with the internal laws of the State of Florida including procedural provisions 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 or jurisdiction’s laws. All claims will be resolved individually without resorting to any class action pursuant to Rule 12 below.

    5. E. 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 any Appstakes materials and/or Prize Claim Forms, the English version shall prevail, govern and control.

    6. F. Privacy: Except as otherwise contemplated in these Official Rules, Participants’ contact information collected by Sponsor in connection with the Appstakes will be used by Sponsor in accordance with the Sponsor’s Privacy Statement. Winner information will be shared with prize providers and their agencies for purposes of prize fulfillment.

11. 11. Dispute Resolution.

    1. A. Released Entities (Excluding Prize Provider):

       By participating in this Appstakes, each Participant agrees that:

       1. (1) any claim, dispute or controversy (whether in contract, tort or otherwise) Participant may have against any of the Released Entities (excluding Prize Providers) arising out of, relating to or connected in any way with the Appstakes, the awarding or redemption of a prize, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator pursuant to JAMS’s Comprehensive Arbitration Rules and Procedures (“Rules and Procedures”);
       2. (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. (3) the arbitration shall be held at a location determined by JAMS pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed to by the Participant and Sponsor;
       4. (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Participant may have entered into in connection with the Appstakes;
       5. (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. (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as Participant and Sponsor hereby waive the right to assert claims in any class or representative action; arbitration can thus 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. (7) in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $250, Sponsor agrees to pay any such administrative, arbitrator and filing fees exceeding $250 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 fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and
       8. (8) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by JAMS, 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. Finally, this arbitration provision is reciprocally binding on all parties, such that both Participant and Sponsor are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, Participants may visit the JAMS Website.

    2. B. Prize Providers:

       Any claim, dispute or controversy (whether in contract, tort or otherwise) Participant may have against a Prize Provider arising out of, relating to or connected in any way with the use or misuse of the Prizes shall be resolved individually, without resort to any form of class action, and exclusively before the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida; or, if the Circuit Court does not have jurisdiction, then before the United States District Court for the Middle District of Florida (Orlando Division); or if neither of such courts shall have jurisdiction, then before any other court sitting in Orange County, Florida, having subject matter jurisdiction; and that any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Appstakes, but in no event attorneys’ fees.

12. 12. Official Rules. These Official Rules will be available at playatmcd.com/themarvels during the Entry Period.

13. 13. Winners List. For a list of Official Winners, mail a self-addressed, stamped envelope to Hero Getaway Vacation Appstakes c/o tms promo ops, 345 N. Morgan Street, Chicago, IL 60607 for receipt by December 15, 2023. The list will be available when the prizes have been verified and awarded.

14. 14. Sponsor. McDonald's USA, LLC, 110 N. Carpenter St., Chicago, IL 60607-2101.

© 2023 McDonald's. Marvel Studios, Disney Worldwide Services, Inc. and its subsidiary and affiliate companies are not a sponsor or administrator of the Appstakes.