McDONALD’S Men of McCafé^®

Casting Call Terms of Participation.

I. Open Call: Beginning September 25, 2010 and ending April 15, 2011

2. Overview: McDonald’s is looking for five (5) men to serve as its Men of McCafé good-will ambassadors for a music festival in July 2011(the “Campaign”). The term of the Campaign will require the applicant to travel to New Orleans for three (3) days and up to five (5) days.

3. We’re Looking For: Legal residents of the 50 United States and District of Columbia who are male, between the ages of 18 and 34 years (or the legal age of majority in their state) as of October 20, 2010 (each an “Applicant”). Persons in any of the following categories are NOT eligible to participate: (a) persons who on or after June 1, 2010 were or are franchisees, directors, officers, employees or agents of McDonald’s USA, LLC (“Employer”), any parent, subsidiary, affiliate, franchisee, or service agency or independent contractor of such entities; (b) persons engaged in the development, production or distribution of materials for this Casting Call or Campaign or for any Employer associated with the events, or any persons engaged in any way in the selection process of the individuals who will serve as Men of McCafé; and (c) persons who are immediate family members (defined as spouse, IRS dependent or biological, adoptive or step- mother, father, sister, brother, daughter, or son and each of their respective spouses) of any person in any of the preceding categories, regardless of where they live, and/or individuals who reside in the same household, whether related or not, as any person in any of the preceding categories.

4. The Submission: Obtain Submission materials at 365Black.com; at the McDonald’s booth during various McDonald’s events during Fall 2010 and Winter 2011; or email your request to: menofmccafe@365black.com, with “Submission Request” in the subject line; or send a self addressed, stamped envelope to Men of McCafé Submission Request, P.O. Box 3193, Oak Brook, IL 60522-3193 by April 15, 2011. To complete a Submission, Applicants must include the following materials: (a) a recent photo (no older than three (3) months) no smaller than 4”X6” or larger than 8”X12 (a photo submitted by email must be at least 100 KB and no more than 5 MB. The ideal pixel dimensions be at least 300 x 400 pixels. We accept the following image formats: .jpg, .bmp, .gif, .tiff, .wmf, and .emf); (b) a completed application form, including all contact information (complete name, full address with zip code, telephone number(s), e-mail address if available, education, employment and personal history and permission to conduct background check; and (c) in up to 100 words, a description of how you created a Real Moment for someone in your community (Real Moments are incidents or acts of kindness the Applicant has performed in his/her community or neighborhood to improve the life or lives of others.) (Materials described are collectively the “Submission”)

5. How to Apply:

A. Digital Submission: Completed Submissions can be submitted at 365Black.com or emailed to menofmccafe@365black.com beginning at 12:00:00 a.m. ET on October 20, 2010 through 11:59:59 p.m. ET on April 15, 2011. Include items (a), (b) and (c) as attachments.

B. Mail Submission: Completed Submissions can be mailed to: McDonald’s Men of McCafé Casting Call, P.O. Box 3877, Oak Brook, IL 60522-3877 and must be postmarked by April 15, 2011 and received by April 22, 2011. Limit one (1) Submission per Applicant. Applicants understand and agree that information in the Submission will be used for purposes of selecting the Applicants for the Campaign, and the Submission may be shared between Employer and its agencies. In the event an Applicant is selected to participate in the Campaign, he will be required to sign a Participant Agreement and a background check authorization form that will be provided to him at a later date. In the event an Applicant fails to sign the Participant Agreement or background check authorization form, he will forfeit any opportunity to participate in the Campaign. Applicant understands that Employer is not obligated to select him for the Campaign even if he meets all requirements above. Applicant understands that the decision about who to include in the Campaign shall be made by Employer and its agents in their sole discretion, and shall be final, binding and not subject to challenge or appeal.

6. Applicant Requirements: Applicant represents and warrants that: (i) his Submission is comprised of his own original work; (ii) as of the date of his Submission, nothing contained in the Submission is the subject of any actual or threatened litigation or claim; (iii) if my Submission identifies any person(s) or entities, that I have obtained express written consent to submit such element as part of my Submission from such person(s) or entities(s) and, if requested to do so, I can produce such written consent in a form and manner acceptable to Employer.

7. General Conditions: Employer is not responsible for incomplete, postage due, lost, late, damaged, stolen, illegible or misdirected Submissions, email or mail; theft, destruction or unauthorized access to, or alteration of Submissions; failures or malfunctions of phones, phone lines or telephone systems; interrupted or unavailable network, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or any technical problem, including but not limited to any injury or damage to Applicant’s or any other person's computer related to or resulting from participation in this Casting Call; errors or omissions in these Terms of Participation, in any Casting Call and/or Campaign-related advertisements or other materials, in the selection of Applicants; or other problems or errors of any kind whether mechanical, human, electronic or otherwise. Employer reserves the right to void any and all Submissions of any Applicant who Employer believes has attempted to tamper with, influence or impair the administration, security or fairness of this Casting Call. All Submissions become the property of Employer and will not be returned. Neither Employer, nor anyone acting on its behalf, will enter into communications with any Applicant regarding the Casting Call or Campaign other than to notify potential finalists or successful Applicants.

8. Selection: The Casting Call will occur in two phases:

A. Semifinalist Determination: A total of (10) semifinalists will be selected by the Employer. The ten (10) semifinalists will be notified and required to submit additional materials as follows: (1) A signed Casting Call Participation Agreement; (2) Agreement to Employer’s Code of Conduct; (3) A Video of no more than two (2) minutes in length featuring Semifinalist (no 3rd party footage, music or other material subject to 3rd party rights) discussing and talking about the submitted Real Moment described in the Submission; and (4) a signed consent for a background check.

B. Finalists Determination: Finalists for the Casting Call will be selected by the Employer and Employer-selected celebrities and the names of the selected Men of McCafé will be announced on April 30, 2011 on 365black.com and AOL Black Voices (each a “Campaign Participant”). Successful Campaign Participants will be notified by telephone and email.

9. Compensation: Campaign Participants will appear at the McDonald’s booth in New Orleans, LA during the period June 30, 2011 through July 5, 2011 on days to be determined by Employer in its sole discretion. The compensation will include out-of-pocket costs for transportation, hotel accommodations and a per diem for meals, a pair of festival tickets per night. The total compensation package will be $2,275. In the event the Campaign Participant is unable or unwilling to travel to the event at the time(s) requested, Campaign Participant acknowledges that he will forfeit the opportunity to participate in the Campaign in its entirety, and neither the Employer nor its agents will have any obligation to Applicant whatsoever.

10. General Call Terms:

A. General Release: Campaign Participant acknowledges and agrees that he will participate in the Casting Call and subsequent Campaign at his own risk. By participating, an Applicant hereby releases and agrees to hold Employer, the company organizing and conducting the Campaign activities and each of their respective officers, directors, employees and designees (collectively, the “Campaign Entities”) harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Casting Call, the Campaign or any Casting Call or Campaign-related activity.

B. Full Authority & Binding Nature: Applicants and Campaign Participants represent and warrant that he has full power and authority to participate in the Casting Call without violating the legal or equitable rights of any third party, and without requiring further approval in order to participate. Applicant further represents and warrants that his participation does not conflict with any other agreement.

C. Force Majeure: If for any reason, such as war, terrorist attacks, Acts of God, riots, delays of commercial carriers, labor troubles, boycotts, strikes, restraints of public authority, or any other similar reason beyond the control of the parties (a “Force Majeure Event”), Employer shall be unable to exercise its rights hereunder, Employer shall have the option to: (i) extend the time for Applicants to participate in the Casting Call for an equivalent period to the Force Majeure Event; or (ii) terminate the Casting Call and/or Campaign.

D. Waiver & Severability: Any failure by Employer or Campaign Participant to exercise any right granted herein upon the occurrence of any contingency will not constitute a waiver of any such right upon the subsequent occurrence of such contingency. If any provision of this Terms of Participation is determined to be invalid by a court of competent jurisdiction, such determination shall not affect the validity or enforceability of any other provision herein.

E. Notices: Any notice or demand required to be given hereunder will be given in writing and shall be hand delivered, sent by facsimile transmission or mailed by certified mail, postage prepaid and return receipt requested, to the address set forth below. Notice shall be deemed received on the date of hand delivery or the date sent by facsimile transmission so long as written documentation verifies such delivery.

© 2010 McDonald’s.