19
May
2026
|
16:05 PM
America/Chicago

2026 National Hamburger Day Sweepstakes

Official Rules

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW AND OUTSIDE OF THE UNITED STATES.

PARTICIPATION IN THE SWEEPSTAKES REQUIRES ACCEPTANCE OF THESE OFFICIAL RULES, WHICH INCLUDE A CLASS ACTION WAIVER (SEE SECTION 12). IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, YOU MUST NOT PARTICIPATE IN THIS SWEEPSTAKES.

THESE OFFICIAL RULES MAY BE POSTED IN ENGLISH AND SPANISH. IN THE EVENT THERE IS A DISCREPANCY OR INCONSISTENCY BETWEEN THE ENGLISH-LANGUAGE VERSION AND THE SPANISH-LANGUAGE VERSION OF THESE OFFICIAL RULES AND/OR OF ANY OTHER WRITTEN MATERIALS RELATED TO THE SWEEPSTAKES, THE ENGLISH-LANGUAGE VERSION SHALL PREVAIL, GOVERN, AND CONTROL.

The 2026 National Hamburger Day Sweepstakes (“Sweepstakes”) is sponsored by Whataburger Restaurants LLC, located at 300 Concord Plaza Dr., San Antonio, Texas 78216 (“Sponsor”). Sponsor and its licensees, parent, subsidiaries, affiliates, successors, and assigns are referred to throughout these Official Rules as “Whataburger.”

 1.        Eligibility

The Sweepstakes is open to legal residents of Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Kansas, Louisiana, Mississippi, Missouri, Nevada, New Mexico, Oklahoma, South Carolina, Tennessee, and Texas (collectively, “Eligible States”), who are physically located in an Eligible State, are at least 18 years old or the age of majority in their jurisdiction of residence (19+ in Alabama; 21+ in Mississippi), whichever is older, and a Whataburger Rewards Member at the time of entry (“Participant”). Employees, officers, and directors of Sponsor or any other companies associated with the administration or promotion of the Sweepstakes, and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies (collectively, “Sweepstakes Entities”), as well as members of their immediate family (spouse, parents, siblings, and children, regardless of where they live) and those living in the same household, are not eligible to participate in or win the Sweepstakes.  

 2.        Agreement to Official Rules

Participation in the Sweepstakes constitutes Participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon compliance with these Official Rules and fulfilling all other requirements set forth herein. Sponsor reserves the right to verify the eligibility of winner.

 3.        Sweepstakes Period

The Sweepstakes begins on May 28, 2026, at 12:01 a.m. Central Time (“CT”) and ends on May 28, 2026, at 11:59 p.m. CT (the “Sweepstakes Period”).

 4.        How to Enter

There are two ways to enter the Sweepstakes.

Method 1 (by Order): This method requires a Whataburger Rewards Membership account and access to the internet. If you don’t already have a Whataburger Rewards Membership account, it is free to create, and you can sign up on the Whataburger website (https://whataburger.com/home) (click on “Sign up”) or mobile app (available for download on Google Play or App Store) (tap on “Create Account”).

During the Sweepstakes Period, Whataburger Rewards Members will receive a digital push notification via the Whataburger mobile app for an offer that will allow them to receive a free Whataburger if they purchase a Medium Fry + Medium Drink (“Offer”). Eligible Participants who redeem that Offer during the Sweepstakes Period will automatically receive one (1) entry (“Entry”) into the Sweepstakes. Redemption may occur via the Whataburger app or in a store, provided the Participant’s Whataburger app is scanned during purchase.

Method 2 (by Email): During the Sweepstakes Period, send an email with your full name, complete mailing address, the email address tied to your Whataburger Rewards Membership account, and a valid telephone number to sweepstakes@wbhq.com (“Email Entry”). Each Email Entry must be received by Sponsor on/before 11:59 p.m. CT on May 28, 2026.  

LIMIT ONE (1) ENTRY PER PERSON, REGARDLESS OF METHOD OF ENTRY. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED.

Internet access, phone, and usage charges may be imposed by online or mobile service provider(s). Sponsor is not responsible for any such charges incurred by Participant in connection with Entry.

Entries must be submitted/redeemed by Participant only. Automated or bulk Entries or Entries submitted by third parties will be disqualified. Any attempt by any Participant to obtain more than the stated number of Entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Entry, and Participant may be disqualified at Sponsor’s discretion. Multiple Participants are not permitted to share the same email address or Whataburger Rewards Member account. In the event of a dispute as to the identity of a Participant, the authorized account holder of the Whataburger Rewards Member account used to enter the Sweepstakes will be deemed the Participant. The “authorized account holder” is the natural person assigned the email address (or mobile number, as applicable) by an Internet access provider, online service provider, or mobile phone provider, or other organization responsible for assigning email addresses (or mobile numbers) that is registered to the Whataburger Rewards Member account. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. If a dispute cannot be resolved to Sponsor’s reasonable satisfaction, the Entry will be deemed ineligible. Entries specifying an invalid, non-working, or inactive email, phone number, or Whataburger Rewards Member account (as applicable) will be disqualified and ineligible to win.

Sponsor is not responsible for Entries that are lost, late, misdirected, ineligible and/or incomplete due to mail delivery service, computer or electronic malfunction, or other error. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor. Sponsor reserves the right to disqualify any Entry, at its sole discretion, that is not in compliance with these Official Rules. All Entries become the property of Sponsor and will not be acknowledged or returned.

5.         Winner Selection

On or about June 1, 2026, fifty (50) potential winners (each, a “Potential Winner”) will be randomly selected in a drawing from among all eligible Entries received by Sponsor during the Sweepstakes Period. The drawing will be conducted under the direction of Sponsor, whose decisions are final and binding in all matters relating to the Sweepstakes. Winning is contingent upon the Participant fulfilling all requirements of these Official Rules. Actual odds of winning depend on the total number of eligible Entries received during the Sweepstakes Period.

  6.       Winner Notification

On or about June 3, 2026, Sponsor will attempt to notify the Potential Winners via Whataburger ordering app push notification, in-app message, and/or email to the email address associated with the Whataburger Rewards Member account (“Notification”). It is a Participant’s responsibility to monitor their Whataburger app (or email, as applicable) to see if they are a Potential Winner. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify Potential Winners.

The Potential Winner must respond within 48 hours of Notification being sent and may be required to sign and return an Affidavit or Declaration of Eligibility and Liability/Publicity Release or other documents that Sponsor deems necessary to confirm eligibility and, unless prohibited by law, obtain a liability/publicity release (collectively, “Prize Verification Forms”) within the amount of time specified in the Notification. If a Potential Winner does not respond to the Notification within 48 hours of it being sent, does not timely sign and return the Prize Verification Forms, chooses not to accept the Prize (as defined below) for any reason, does not provide Sponsor with all requested information, or is not in compliance with these Official Rules, their Prize will be forfeited, Potential Winner will be disqualified, and another Potential Winner will be selected using the same procedures stated above from the remaining eligible Entries received. Up to one (1) alternate drawing will be conducted, after which any remaining prizes will remain un-awarded.

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A POTENTIAL WINNER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL THEIR ELIGIBILITY HAS BEEN VERIFIED, AND POTENTIAL WINNER HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

Once Potential Winner has complied with all of the conditions herein, and their eligibility has been verified, they will be declared an official “Prize Winner” of the Sweepstakes.

 7.        Prize

Fifty (50) prizes will be available to be awarded during the Sweepstakes (each a “Prize”). The Prize will consist of a “Whataburger for a Year” prize pack, which includes monthly coupons to redeem the following five (5) Whataburger menu items for free: (i) Whataburger Meal; (ii) Whatachick’n Meal; (iii) Whatawings; (iv) Breakfast Item; (v) Small Shake. The coupons will be delivered electronically via the Whataburger app each month for one year and expire thirty (30 days after delivery. Approximate Retail Value (“ARV”) of Prize is $420 U.S. Dollars. Total ARV of all Prizes available to be awarded during the Sweepstakes: $21,000. Limit one prize per person and per household.

THE PRIZE DOES NOT INCLUDE ANY COMPONENTS THAT ARE NOT EXPRESSLY STATED HEREIN. EACH COUPON WILL BE VALID FOR THIRTY (30) DAYS FROM THE TIME OF ISSUANCE, CANNOT BE USED AFTER EXPIRY, AND CANNOT BE COMBINED OR REDEEMED WITH OTHER OFFERS, PROMOTIONS, OR REWARD ITEMS. COUPON REDEMPTION IS SUBJECT TO ADDITIONAL TERMS & CONDITIONS AS STATED THEREON.

The actual retail value of the Prize may vary based on Prize Winner’s location. Any difference between the ARV and the actual retail value of the Prize will not be awarded.

The actual retail value of the Prize awarded may be taxable as income, and each Prize Winner is solely responsible for reporting and paying any applicable federal, state, and local taxes associated with, related to, or incurred in connection with the Prize Winner’s acceptance, receipt, and/or use of the Prize. Sponsor specifically disclaims any and all liability for the taxes, if any, that might be incurred by Prize Winner in connection with acceptance, receipt and use of the Prize.

If the value of the Prize exceeds $2,000 USD, Sponsor must report the value of the Prize to the Internal Revenue Service (“IRS”), Prize Winner will be required to provide Sponsor with a valid social security number, tax identification number, or equivalent information, as required by applicable law, for tax reporting purposes before the Prize will be awarded, and Sponsor will issue an IRS Form 1099 to the Prize Winner for the actual value of the Prize received.

Prize or any portion thereof cannot be substituted, assigned, transferred, sold, or redeemed or exchanged for cash; however, Sponsor reserves the right to substitute the Prize or any portion thereof for one of equal or greater value, at its sole discretion. Sponsor will not replace any lost or stolen Prizes or any components thereof. Unused components of the Prize have no redeemable cash value.

All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details are subject to change, and Sponsor will provide Participants with reasonable notice of any change to the prize details. Unclaimed prizes will be forfeited.

8.         General Conditions

Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, or any other factor that is unanticipated or beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the Prize at random from among the eligible, non-suspect Entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR APP ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) AND ANY OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

9.         Publication and License

By participating in the Sweepstakes, Prize Winners grant to Sponsor (which grant shall be confirmed in writing on request of Sponsor) and its subsidiaries, affiliates, retailers, distributors, advertising and sweepstakes agencies, suppliers, and those acting pursuant to its authority, an irrevocable, perpetual, worldwide, royalty-free, unlimited, freely transferable license to print, publish, display, broadcast, distribute, reproduce, use and otherwise exploit the Prize Winners’ name, voice, statement, picture or other likeness, and biographical information in any media now known or hereinafter devised for any purpose whatsoever, including public relations, advertising and promotional purposes as may be determined by Sponsor, without additional compensation, consideration, permission, or notification. Nothing herein will obligate Sponsor to make any use of any of the rights set forth herein. The license grantED in this Section is void to the extent prohibited by applicable law. Check local laws for any restrictions or limitations regarding this license grant.

10.       Release and Limitations of Liability

By participating in the Sweepstakes, Participants agree to release and hold harmless Sponsor, Sweepstakes Entities, and each of their respective officers, directors, employees, shareholders, representatives, and agents (collectively, the “Released Parties”) from and against any claim, cause of action, judgement, costs, damages, losses, expenses and liabilities, (whether arising under a theory of contract, warranty, tort, strict liability, product liability or any other theory) that may be suffered by Participant or any third party as a result of participation in the Sweepstakes, acceptance, receipt, use, misuse, or nonuse of the Prize (including any travel or activity related thereto), or Sponsor’s use of Participant’s name, voice, statement, picture or other likeness, as permitted hereunder (including but not limited to claims of false endorsement or infringement of rights of copyright, publicity or privacy), even if such harm is caused solely by the recklessness, negligence or fault of one or more Released Parties.

The Released Parties are not responsible for any claims, damages, expenses, costs or losses to any person (including death) or property of any kind resulting from, arising from, or in connection with, in whole or in part, directly or indirectly: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider, network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing, language-translation, or typographical errors; (d) application access or downloads, (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the Prize Winner, or the processing of Entries; (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Sweepstakes or acceptance, receipt, use or misuse of the Prize (including any travel or activity related thereto); or (g) any taxes associated with acceptance, use, or receipt of the Prize. The Released Parties are not responsible if any Prize cannot be awarded due to travel cancellations, delays, or interruptions due to acts of God, acts of war, natural disasters, weather, or terrorism.

Participant further agrees that in any cause of action, the Released Parties’ liability will be limited to Participant’s direct, out-of-pocket cost (if any) of entering and participating in the Sweepstakes, and in no event shall the Participant be entitled to receive attorneys’ fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Participant waives all rights and claims to special, incidental, punitive, consequential, direct, or indirect damages whether foreseeable or not, and whether based on negligence or otherwise.

Without limiting the foregoing, everything regarding this Sweepstakes, including any website, app, and all Prizes, are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to, the 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 the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

11.       Additional Releases and Disclaimers

Any third-party trademarks used in this Sweepstakes are the property of the respective trademark owners and are used for identification purposes only. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with such third parties unless specifically stated otherwise in these Official Rules.

 12.      Disputes

Except where prohibited, each Participant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Bexar County, Texas; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Participant rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes or any Entry, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Texas.

  13.     Privacy

Any personal information sent to, shared with or collected from Participants in connection with this Sweepstakes is subject to Sponsor’s privacy policy, which can be found at https://whataburger.com/home/privacypolicy.

 14.      Winner List

The names of Prize Winners can be obtained by sending a self-addressed, stamped envelope to Whataburger, Attn: DXE Team/Marketing Department, National Hamburger Day 2026 Sweepstakes, 300 Concord Plaza Dr., San Antonio, Texas 78216. All requests must be received within 60 days after the Sweepstakes Period ends.