Sony Connect: Connect Overview



		Big Mac Music US Terms & Conditions These Terms and Conditions of Use (“Terms”) apply to the complete Big Mac Music Promotion (“Promotion”) including but not limited to the SonicStage software application (“Software”), all associated web sites linked to www.connect.com and the Sony Connect online store which is accessible via the Software (the “Connect Music Store”) as they relate to this Promotion or any promotional materials necessary to participate in the Promotion by McDonald's Corporation (“Sponsor”) or Sony Connect Inc (“Sony Connect”), their subsidiaries and affiliates, including but not limited to www.connect.com and the Connect Music Store(collectively the “Site”.) The Site is the property of Sony Connect and is governed over by the Sony Connect Privacy Policy, Terms of Service/E.U.L.A., as posted at www.connect.com and in the Connect Music Store as well as the Terms as applicable with relation to this Promotion. By using the Site and participating in the Promotion, you agree to these Terms and all decisions of the Sponsor, Sony Connect, and/or their respective designees, which are final and binding in all respects. If you do not agree, do not use the Site and do not participate in the Promotion. Promotion Overview Customers who come into a participating McDonald's Corporation restaurant in the United States beginning 06/08/04 at 12:01 a.m. EST and ending 08/09/04 at 11:59 p.m. EST (“Promotional Period”) or earlier based upon redemption, and purchase a Big Mac Extra Value Meal or Big Mac Sandwich, while supplies last, will receive a Connect Access Code (“Code”) on their specially marked Big Mac packaging. Eligibility Persons in any of the following categories are NOT eligible to participate in the Promotion: (a) persons who, on or after March 1, 2004 were or are directors, officers, employees, agents or franchise owners of Sponsor, Sony Connect, or their respective parents, subsidiaries, or affiliated companies, franchisees, or service agencies, or independent contractors of any of the above organizations worldwide; (b) individuals engaged in the development, production or distribution of materials for the Promotion; and (c) persons who are immediate family members (defined as spouse or biological or step- mother, father, sister, brother, daughter, son or IRS dependent) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household, whether related or not, as any person in any of the preceding categories. You must be at least 13 years of age to participate in this Promotion, however the Sponsor and Sony Connect strongly encourage parental approval and assistance with participation for any children not of the age of majority in their state of residence. No groups, clubs or organizations can participate in this Promotion. Void where prohibited. How to Download your Song To download your song, log on to www.connect.com beginning 6/8/04 at 12:01 a.m. EST and ending 8/16/04 at 11:59 p.m. EST (“Redemption Period”) and follow the instructions to register. There is no purchase required to register with the Connect Music Store. Prior to downloading a song, download the Software (version 2.0 or higher) free of charge from www.connect.com to your computer's hard drive. Then, click on the link that reads “I'm lovin' it”. You must have Administrator 's access and/or parental approval to download the Software to your computer. Once the Software has successfully downloaded to your computer's hard drive, any song you download will be automatically saved to, and can be accessed from, the Software. Then browse the Connect Music Store's catalog to select one (1) song of your choice, unless otherwise noted at a participating McDonald's WiFi restaurant for use while inside a participating McDonald's WiFi restaurant. In order to complete the transaction, you will need to enter your Code exactly as it appears on your Big Mac Package (“Package”) where specified. Follow the instructions to download your selected song. Sponsor and Sony Connect make no representations or warranties with respect to the operation of the Site, Software, or any download from the Site. See complete Terms of Service/E.U.L.A. for the Connect Music Store at the Site. You must agree to the Sony Corp. end user license agreement to download the Software and the Sony Connect Terms of Service/E.U.L.A. (available on the Site) in order to download any song. For questions concerning the downloading process refer to the FAQ section of Connect Music Store or call Sony Connect Customer Service at 1-866-919-7669. System/Software Requirements In order to download a song from the Connect Music Store you must have access to the appropriate computer hardware (e.g. sound card) and download the Software on your computer. System requirements include the following: a Windows 2000 or Windows XP Windows-based operating system. DSL, Broadband or High-speed Internet access is recommended. Additional minimum system and hardware requirements are posted on the Site. Additional transfer and use restrictions on downloaded files may apply and are as disclosed on the Site as well as in the Terms of Service/E.U.L.A. The time required to complete a download may vary based on your computer system, Internet connection and/or the amount of traffic on the Site. For questions concerning hardware and software requirements refer to the FAQ section of the Connect Music Store or call Sony Connect Customer Service at 1-866-919-7669. Download Limitations All Codes are subject to verification and can only be used in accordance with these Terms. The sale, auction, trading, transfer, assignment, combining or barter of any Code or packaging is strictly prohibited and will deem such Code as void. Limit One (1) song per verified Code entered. Maximum limit of two (2) downloads per twenty-four (24) hour period per email address/person/IP address with a total maximum of One Hundred (100) downloads over the complete length of the promotion per email address/person/IP address. Different limitations may apply at McDonald's WiFi restaurants. Each Code can only be used once. Codes that are not recognized as valid by Sponsor and/or Sony Connect or that are deemed as previously entered and used will be void and not eligible for a download. Only the Code on specially-marked Big Mac Packaging will be valid; no other Codes from any other products or any other part of a participating package are valid. All Codes must be redeemed prior to the Redemption Deadline, which is seven (7) days from the end date of the Promotion. Content All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code at the Site (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Sony Connect. Except as expressly provided in these Terms and Conditions, the Terms of Service/E.U.L.A., no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Sony Connect’s or its licensors’ express prior written consent. Site Use You may not use any technological or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Sony Connect reserves the right to bar any such activity. You may not attempt to gain unauthorized access to the Site, or any other systems or networks connected to the Site by hacking, password “mining” or any other illegitimate means. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Sony Connect’s systems or networks, or any systems or networks connected to the Site or to Sony Connect. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, the Promotion, or with any other person’s use of the Site. Additional Terms and Conditions Additional terms and conditions may apply to services and to all or any specific portions or features of the Site. If there is a conflict between these Terms and Conditions and the Terms of Service/E.U.L.A. posted for or applicable to the Site or a specific portion of the Site or the Content or for any service offered on or through the Site, the latter terms shall control with respect to your use of that Site, any portion of the Site, the Content, or the specific service. Sponsor and/or Sony Connect may make changes to any services or Content offered on the Site, or to the applicable products or services, at any time, without notice. Privacy Certain features or services offered on or through the Site may require you to open an account (including setting up a unique user ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Sony Connect immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Sony Connect or any other user of or visitor to the Site due to someone else using your unique user ID, password or account. You may not use anyone else’s Sony Connect ID, password or account at any time. Sony Connect cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Sony Connect's Privacy Policy applies to use of the Site, and its terms are made a part of these Terms by this reference. To view Sony Connect's Privacy Policy go to www.connect.com/privacypolicy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Links to Other Sites and to the Site This Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Sony Connect visitors. Such Linked Sites are not under the Sponsor or Sony Connect’s control, and they are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. General Conditions McDonald’s Corporation and Sony Connect reserve the right to add or remove any Content from availability at any time or times, and neither warrants nor represents that the Content or any song is appropriate for all age groups which may access any particular song once the song is downloaded by an eligible Promotion participant. Neither McDonald's Corporation nor Sony Connect is responsible for the Content, the music, or any lyrics available on the Site. Disclaimers SPONSOR AND SONY CONNECT DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SPONSOR AND SONY CONNECT CANNOT ENSURE THAT ANY SONGS, FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SPONSOR AND SONY CONNECT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SONY CONNECT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, AND/OR ANY SONY CONNECT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, THE CONTENT, AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SPONSOR AND SONY CONNECT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. Promotion participants agree (a) that neither McDonald's Corporation nor Sony Connect or each of their respective parents, subsidiaries, franchisees and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents will have liability whatsoever for, and shall be indemnified and held harmless by participants against any liability for any or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Code, Content, or song, or Software or participation in this Promotion or Promotion-related activities. This Promotion cannot be combined with any other offer. In the event Sponsor and Sony Connect are prevented from continuing with the Promotion as contemplated herein by any event beyond its control, including, but not limited to , infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which either McDonald's Corporation or Sony Connect, at their individual sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion , fire, flood, epidemic or other national health emergency , 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, order of any court or jurisdiction, public health crisis (e.g. SARS), or other cause not reasonably within Sponsor's or Sony Connect's control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor and Sony Connect shall have the right to cancel, terminate, modify or suspend the Promotion or proceed with the Promotion in a manner deemed fair and appropriate. Sponsor and Sony Connect reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason as it relates to fraud, over redemption exceeding the Maximum limit of two (2) downloads per twenty-four (24) hour period per email address/person/IP address with a total maximum of One Hundred (100) downloads over the complete length of the promotion per email address/person/IP address or force majuere; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform non-routine maintenance, error correction, or other changes or unexpected technical issues, problems or redemption. Neither McDonald's Corporation nor Sony Connect nor their respective agencies are responsible for lost, late, incomplete, stolen, misdirected, or illegible, registrations and/or Code entries; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware including, but not limited to any malfunctions of the Software, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, or service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration, code, or other information, or the failure to capture, or loss of, any such information. Neither McDonald's Corporation nor Sony Connect nor their respective agencies are responsible for any incorrect or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment, including but not limited to the Software or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Site. IN NO EVENT WILL MCDONALD'S CORPORATION OR SONY CONNECT, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PROMOTION INTERNET SITE(S) OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE(S). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE(S) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. Violation of These Terms and Conditions The right is reserved by McDonald's Corporation or Sony Connect at their individual sole discretion, to disqualify and potentially prosecute any individual found, at McDonald's Corporation or Sony Connect's sole discretion, to be tampering with the Code entry or song download process, or the downloaded software, or the operation of the Promotion or Site, to be acting in violation of the Terms and Conditions; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Neither McDonalds nor Sony Connect nor their respective agencies are responsible for any participant's inability to download Software or songs. Any use of robotic, automatic, macro, programmed or like registration or Code entry methods will void all such registrations and Code entry(s) by such methods, and disqualify any participant using such methods. In case of dispute, Codes entered and/or used will be declared entered and/or used by the person under whose personal information and associated user name was entered and/or used. Sony Connect and/or McDonald's Corporation may disclose any information they have about you (including your identity) if they determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Sony Connect's rights or property, or the rights or property of visitors to or users of the Site, including Sony Connect's customers. Sony Connect and/or McDonald's Corporation reserves the right at all times to disclose any information that Sony Connect and/or McDonald's Corporation deems necessary to comply with any applicable law, regulation, legal process or governmental request. Sony Connect and/or McDonald's Corporation also may disclose your information when Sony Connect and/or McDonald's Corporation determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Sony Connect may preserve any transmittal or communication by you with Sony Connect through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Sony Connect determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Sony Connect, its employees, users of or visitors to the Site, and the public. You agree that Sony Connect may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions, the Terms of Service/E.U.L.A., or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms and Conditions or the Terms of Service/E.U.L.A. will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sony Connect, for which monetary damages would be inadequate, and you consent to Sony Connect obtaining any injunctive or equitable relief that Sony Connect deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Sony Connect may have at law or in equity. 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 NEW YORK 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. Arbitration Disclosure By participating in this Promotion, all participants agree that any and all disputes they may have with, or claims they may have against, Sponsor relating to, arising out of or connected in any way with (i) the Promotion, (ii) the awarding or redemption of a Connect Access Code and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually, without resort to any form of class or representative action, and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) pursuant to the Forum’s Code of Procedure and in accordance with the arbitration provision below. Arbitration Provision By participating in this Promotion, each participant agrees that: (1) Any claim, dispute, or controversy (whether in contract, tort, otherwise) arising out of, relating to, or connected in any way with the Promotion, the awarding or redemption of Connect Access codes, 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 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 New York 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 and 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 exceeds $125, and the participant is unable (or not required under the applicable Code of Procedure) to pay the additional fees and deposits, 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) 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, 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. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com or contact them at National Arbitration Forum, P.O. Box 50191 , Minneapolis , MN 55405 , (877) 655-7755. Miscellaneous You may not use or export or re-export any Content, the Software, or any copy or adaptation of such Content or such Software, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States copyright law, export law and regulations. Sponsor and/or Sony Connect reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Sponsor McDonald's Corporation Oakbrook, IL 60523 CorpLegal # 128012 v2 May 6, 2004