McDonald's customers who had their prize claims rejected in the 1999 'McMatch and Win' competition will not go away empty handed, through a goodwill gesture by McDonald's.
McDonald's has offered to those customers involved gift vouchers valued at $100 to ease any disappointment.
The vouchers will be offered in conjunction with the development by McDonald's of an industry-related Best Practice Guideline for the running of major national consumer competitions.
In welcoming the McDonald's initiative, ACCC Chairman, Professor Allan Fels, noted that McDonald's Managing Director, Mr Guy Russo, had acknowledged that McDonald's was sorry that any of its customers were ever disappointed.
"The ACCC welcomes McDonald's responsible approach to consumers concerns and its leadership in developing the best practice guideline for other major retailers conducting national promotions which will ultimately benefit consumers", Professor Fels, said today.
"The $100 vouchers can be redeemed by the prize-claimants for any McDonald's products or, if the claimants prefer, can be passed to the Smith Family.
"The Best Practice Guideline addresses the need for clear communication and thorough planning and administration of major national consumer competitions.
"By publishing a guideline which organisations can follow, there will be checks and balances to ensure that consumers can confidently participate in reputable and accurately planned competitions", Professor Fels said. "The guideline is available on the ACCC website or through McDonald's administration offices".
The Australian Competition and Consumer Commission will now not proceed with its action against McDonald's in relation to the 'McMatch and Win Monopoly' competition.
Professor Fels noted that Justice Dowsett's 289-page recent decision in the private class action brought by Mrs Janette Hurley* found after an extensive trial lasting 54 days that there was no breach of the Trade Practices Act 1974 by McDonald's and that the claimants had failed to establish that McDonald's distributed 1998 game stamps in the 1999 competition.
* Refer Hurley v McDonalds [2001] FCA 209