McDonald’s unveiled a new promotion at the Super Bowl whereby random customers entering each of their restaurants will be selected to have their meal on the house if they demonstrate a bit of “lovin'” such as by hugging their kids, calling their mother to say I love you, doing a dance, etc.
The official rules state exactly how the promotion works. Each day at the predetermined time, the first customer to enter through a designated door, will be an unofficial winner. After they place their order, they will be approached by a manager who will tell them their order is free if they perform a particular lovin’ act.
As with any sweepstakes where money might change hands, the first rule is always “no purchase necessary.” This is because most sweepstakes are played in the context of a purchase (such getting a Monopoly game piece affixed to drink cups at McDonald’s). So game promoters are required to tell customers how to play the game free such as just by asking for a game piece, or by submitting a request for one by mail.
Paying a price for the chance of a prize is the definition of a lottery, which only the state and charitable organizations are allowed to operate. So how does McDonald’s present the “no purchase necessary” entry rules for this promotion?
The unofficial winner will be notified by the Lovin’ Lead that they are an unofficial winner after placing an order at the counter [emphasis added] or if the unofficial winner begins to leave the restaurant without placing an order at the counter. Participants do not need to make a McDonald’s purchase of any kind to be deemed an unofficial or official winner.
That is certainly a little bit awkward for the person not intending to make a purchase. So to play without paying, you have to go up to the counter, and loiter a little, or place a really big order (since it will be free if you win) but then tell the cashier you were just kidding, and begin to walk out?
From a practical standpoint what non-purchaser is going to go through this ridiculous charade for a chance at a prize? No, not even MrConsumer.
This is a fun and imaginative promotion. And it certainly is understandable why they don’t want to tell a customer when they first walk in that they have won for fear the customer will place an order for dozens of free meals. But McDonald’s really should be offering a more practical no purchase necessary method for playing the game.
Oh, incidentally, just by walking into the store, you have pre-agreed to resolve any disputes by arbitration. What, you didn’t go online before ordering your Big Mac to learn this? And some would (rightfully) say that this part of the rules is more troublesome and surprising than the no purchase necessary part.