In these Membership Terms:
New Zealand Consumer Law means all laws and regulations made under the Fair Trading Act 1986 and Consumer Guarantees Act 1993
Confidential Information means all confidential information and includes (a) information about McDonald's and its products that is not known to the general public and includes information in any medium (whether oral, written, stored electronically or digitally) provided in connection with the Project; and (b) Responses provided in connection with the Project;
Responses means all content provided by a Member for the purposes of the Project, and includes any statement, document, email, form or notes created in connection with the Project; and all audio, audio visual or photographic recording of images, words, names, information, gestures, sounds or statements of Members recorded in connection with the Project;
Join Now Survey means the application survey and record of personal details submitted by a person applying to be a Member;
Big Picture means Big Picture – Marketing Strategy & Research Ltd (Company Registration Number: 1157373).
McDonald's McDonalds New Zealand Limited (xxxxxxxxx);
McDonald's Related Parties means the McDonald's group of companies, promotional partners, servants, employees, contractors and agents of McDonald's.
Member means a person who has been accepted for membership of the Project;
Membership means a Member's membership of the Project;
Membership Terms includes this document and all documents incorporated by reference;
Project means the project named above and established by Big Picture to survey the opinions of customers and/or Members for market research purposes;
Website means the Project website located at www.mcdonaldsneighbourhood.co.nz.
- To become and to remain a Member, you must:
- be aged 14 years or over and, if you are under 18 years of age, you must have parent or legal guardian consent;
- live and be a resident in New Zealand;
- apply to become a Member by completing and submitting to Big Picture the Join Now Survey;
- have an active, permanent and operational email address to communicate with Big Picture for the purposes of the Project;
- be accepted as a Member by Big Picture;
- provide at least one response each calendar month;
- regularly participate in any surveys or discussions in which you are invited to take part, not including the Join Now Survey; and
- comply with these Membership Terms.
- Membership numbers are limited. Big Picture may accept or reject a Membership application in its absolute discretion at any time and without giving reasons. Membership is personal to you and cannot be transferred to another person. c. You may cancel your Membership by sending an email to firstname.lastname@example.org and inserting the words "Request Removal" in the subject line.
- By becoming a Member, you consent to receiving emails from McDonald's, McDonald's Related Parties and Big Picture in connection with the Project, including emails inviting you to participate in research.
- McDonald's and Big Picture may provide you with Confidential Information. You agree not to disclose or use any of the Confidential Information in any way other than as necessary to participate in the Project. You may only disclose Responses for the purposes of the Project.
- McDonald's and Big Picture may, at their discretion, provide you with McDonald's products as part of your participation in the Project. You agree that your participation in the Project is voluntary and that, other than an opportunity to participate in Project-related promotions run by Big Picture, you will not receive remuneration or reward from McDonald's or Big Picture for your participation in the Project.
- You must not make any false, misleading or fraudulent statement or become involved in any conduct or activity which may cause loss, damage or diminish the reputation of you, McDonald's or its products.
- Big Picture may, at its absolute discretion, suspend or terminate with immediate effect: (a) all or any part of the Project; or (b) your Membership, immediately by giving you notice for any reason (including if you breach the ongoing requirements of these Membership Terms).
4. Project Promotions
- You may choose to enter any Project-related promotional game of skill or chance offered to you as a Member. If you enter into such promotions you will be subject to promotional terms and conditions. Promotional terms and conditions that apply to you will form part of these Membership Terms. If you breach any promotional terms or conditions, you will be deemed to have breached these Membership Terms.
- Except for the statutory guarantees set out in the New Zealand Consumer Law, McDonald's and Big Picture exclude all warranties and disclaim all representations in relation to any goods or services provided to you by McDonald's or Big Picture in connection with the Project. The information provided in connection with the Project including on the Website may include occasional and inadvertent errors and is provided "as is" and "as available".
- McDonald's will not be liable for any loss, damage or injury suffered or sustained (even if caused by McDonald's or its agent's negligence) as a result of any person becoming a Member or participating in the Project, except for any liability which cannot be excluded by law. You should independently assess the information and products provided to you during the Project and if necessary you should consult with a professionally qualified dietician or other professionally qualified health practitioner on all specific situations, conditions and dietary matters of concern to you.
6. Your Privacy and Responses
- Your information and Responses may be disclosed to people within McDonald's and the McDonald's Related Parties to assist in improving McDonald's products and services and to contact you in the future with information about McDonald's, including special offers, marketing research or to provide you with marketing materials via any medium including telephone and commercial electronic messages.
- McDonald's will not publicly disclose the identity of Members
- McDonald's and Big Picture may use your Responses for purposes connected with conducting the Project and for any reasonable research and commercial purposes.
7. Intellectual Property
- By participating in the Project, you assign to McDonald's absolutely all rights, title and interest in your Reponses upon creation and you consent to McDonald's, the McDonald's Related Parties and each of its successors and assigns, and anyone authorised by any of them, modifying, changing, copying, publishing, adding to, taking from, adapting and/or translating, in any manner or context, the Responses notwithstanding that such conduct may otherwise infringe moral rights (or similar) laws in any territory or jurisdiction, and, to the extent lawfully possible in a jurisdiction, you waive all moral rights.
- You warrant that each Response is your original work and that you must not breach any third party rights in communicating a Response to McDonald's. You warrant that your Response is accurate and reliable.
- You will provide McDonald's and the McDonald's Related Parties with any consent or other permission that McDonald's requires to use your Response as set out in these Membership Terms. For the avoidance of doubt, McDonald's is not required to pay any fee to use any Responses, no matter how that Response is used.
- McDonald's owns or licenses all copyright and other intellectual property rights in and on the Website (including all layouts, applets, text and graphic images in this site). You may access and display the Website's pages on a computer or a monitor, and print out for your personal use any whole page or pages in the Website. All other use, copying or reproduction of any part of the Website is prohibited (save to the extent permitted by law). You must not reproduce on any other internet site, nor redistribute or sell any content or part of the Website nor reverse engineer, disassemble, or otherwise convert it to any other form that people can use. You must not link the Website to another Website in any way.
- You agree that any "Project" and "McDonald's" logos are trademarks of McDonald's or the McDonald's Related Parties. All rights in those trademarks are reserved by McDonald's and the McDonald's Related Parties. Any other trademark appearing on the Website is the property of its respective owner.
- These Membership Terms may be changed or varied at any time without notice and with immediate effect by Big Picture in its absolute discretion.
- McDonald's may use an agent or contractor to carry out all or part of the Project in its absolute discretion.
- These Membership Terms are governed by the laws of New Zealand.
- You are not, by virtue of your participation in the Project, an employee or contractor of McDonald's or the McDonald's Related Parties. The relationship between you and McDonald's is that you are a voluntary participant in the Project and that you will comply with these Terms of Membership.