24
June
2026
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00:00 AM
America/Chicago

Whataburger’s America’s 250th Celebration Sweepstakes

Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES, WHICH INCLUDE A CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, YOU MUST NOT ENTER THE 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.

Whataburger’s America’s 250th Celebration 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.” The Coca-Cola Company (“Prize Provider”) is not a sponsor of the Sweepstakes.

1.            Eligibility. The Sweepstakes is open to residents of Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Kansas, Louisiana, Mississippi, Missouri, Nevada, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, and Texas (collectively, “Eligible States”) who are physically located in an Eligible State, at least 21 years old, and a Whataburger Rewards Member at the time of entry (“Participant”). Employees of Sponsor, Prize Provider, National Parks Service, or any other company associated with the administration, promotion, or prize fulfillment of the Sweepstakes, and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies (“Sweepstakes Entities”), as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible to participate in 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 Sponsor, which are final and binding. Winning a prize is contingent upon being compliant 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 July 1, 2026 at 12:01 a.m. CT and continues through July 8, 2026 at 11:59 p.m. CT (“Sweepstakes Period”). Sponsor’s clock is the official timekeeper for the Sweepstakes.

4.            How to Enter. There are two ways to enter the Sweepstakes. Each 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. You can sign up on the Whataburger website (https://whataburger.com) (click “Sign up”) or mobile app (available for download on Google Play or App Store) (tap “Create Account”).

Method 1 (by Order): During the Sweepstakes Period, place and pay for an order of any Whatameal® that also includes an order for any size Coca-Cola® beverage (includes Coca-Cola® Classic, Diet Coke®, Coke Zero®, Sprite®, Barq’s®, Minute-Maid®, Fanta®, Powerade®, or Fuze® drinks). Purchases may be made through the Whataburger website, Whataburger ordering app, or may be made in person at a store, provided the Whataburger app is scanned during purchase. When placing the order, please make sure you are signed in to your Whataburger Rewards Membership account.

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”). Email Entry must be received by Sponsor on/before 11:59 p.m. CT on July 8, 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 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 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 July 13, 2026, three (3) 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. Two (2) Potential Winners will be selected to win the “Runner Up Prize” and one (1) Potential Winner will be selected to win the “Grand Prize” as described in Section 7. The drawing will be conducted by Sponsor, or its designee, 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 July 13, 2026, Sponsor will attempt to notify the Potential Winners via Whataburger ordering app push notification, in-app message, and/or email (“Notification”). It is a Participant’s responsibility to monitor their Whataburger app and email 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 will be required to sign and return a declaration of eligibility, liability release and other documents that Sponsor deems necessary to confirm eligibility and, unless prohibited by law, obtain a 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 three (3) alternate drawings 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.

Upon satisfactory completion of the above, and upon verification of eligibility by Sponsor, the two Potential Winners for the Runner Up Prize will be deemed “Runner Up Winners”) and the one Potential Winner for the Grand Prize will be deemed a “Grand Prize Winner” (collectively, each a “Sweepstakes Winner”).

7.            Prize. Three (3) prizes (each, a “Prize”) are available to be awarded during the Sweepstakes – two (2) “Runner Up” Prizes and one (1) “Grand Prize” as follows:

·         Runner Up Prize: The Runner Up Prize will consist of a “Whataburger for a Year” prize pack, which includes digital coupons to redeem the following five (5) Whataburger menu items for free each month: (i) Whataburger Meal; (ii) Whatachick’n Meal; (iii) Whatawings; (iv) Breakfast Item; (v) Small Shake. The coupons will be delivered as digital offers via the Whataburger app each month for one year.

·         Grand Prize: The Grand Prize will consist of a VIP Experience for up to six (6) people (Grand Prize Winner and up to five (5) travel companions (each, a “Guest”) to one (1) national park of the Grand Prize Winner’s choosing within the Eligible States (“National Park”), which will include:

o    Round trip, economy-class airfare for up to six (6) people from the major airport closest to Grand Prize Winner’s residence to airport closest to National Park;

o    Four (4) nights’ hotel accommodations (room and tax only) for up to six (6) people at a hotel of Sponsor’s choosing in reasonable proximity to the National Park (up to three (3) rooms, double occupancy, incidentals not included); Hotel accommodations do not include meals, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip.

o    Up to six (6) National Park annual passes good for admission to the National Park of Grand Prize Winner’s choosing;

o    Rental vehicle

o    $100 Gas Card

o    $75/day meal stipend (for three (3) days for up to six (6) individuals)

o    Whataburger Road Trip Merch

o    Up to six (6) Outdoor Gear Kits (1 kit per Guest)

PRIZES DO NOT INCLUDE ANY COMPONENTS THAT ARE NOT EXPRESSLY STATED HEREIN.

Approximate Retail Value (“ARV”) of Runner Up Prize: $420. ARV of Grand Prize: $20,450. Total ARV of all Prizes available to be awarded during the Sweepstakes: $21,290. Limit one prize per person and per household. The actual retail value of each Prize may vary based on Sweepstakes Winner’s location. Any difference between the ARV and the actual retail value of the Prize will not be awarded. 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.

8.            Prize Restrictions. Grand Prize Winner may choose any National Park located in one of the Eligible States, which include: Grand Canyon (AZ); Petrified Forest National Park (AZ); Saguaro National Park (AZ); Hot Springs (AR); Black Canyon of the Gunnison (CO); Great Sand Dunes (CO); Mesa Verde (CO); Rocky Mountain (CO); Biscayne (FL); Dry Tortugas (FL); Everglades (FL); Gateway Arch (MO); Death Valley (NV); Great Basin (NV); Great Smoky Mountains (NC); Carlsbad Caverns (NM); White Sands (NM); Congaree (SC); Great Smoky Mountains (TN); Big Bend (TX); Guadalupe Mountains (TX). For a full list of eligible National Parks available with the Annual Pass visit https://shop.usparkpass.com/pages/list-of-national-parks.

Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of Prize not specifically stated herein, including but not limited to, change of air travel fees, ground transportation to/from airport nearest Grand Prize Winner’s residence, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses, are the sole responsibility of Sweepstakes Winner. Prize cannot be used in conjunction with any other promotion or offer. Gift card will be issued as an electronic gift card, and use will be subject to additional terms and conditions.

For Runner Up Winners. 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.

For Grand Prize Winner and Guests. Grand Prize Winner and Guests must be available to travel on dates/times determined by Sponsor or forfeit Prize (with outside days of July 2026 – July 2027). Grand Prize Winner and Guests must travel together on the same itinerary. Sponsor will, in its sole discretion, determine which airport is closest to Grand Prize Winner’s residence and the National Park. If Grand Prize Winner resides within a 200 mile-radius of the chosen National Park, Sponsor, in its discretion, reserves the right to substitute round trip ground transportation to/from Grand Prize Winner’s residence in lieu of air transportation. Travel subject to availability and blackout dates. Grand Prize Winner and Guests are responsible for obtaining all necessary travel documents. Travel arrangements must be made through Sponsor’s agent and on an airline carrier of Sponsor’s choice. Certain travel restrictions may apply. Grand Prize Winner and Guests will be responsible for obtaining travel insurance (and all other forms of insurance) at their option, and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. No refund or compensation will be made in the event of the cancellation or delay of any flight, except at the sole discretion of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the Grand Prize Winner’s and Guests’ transportation, and such contracts shall be solely between the Grand Prize Winner and such transportation companies. Lost, stolen or damaged airline tickets will not be replaced or exchanged. No stopovers are permitted on tickets issued as part of the Prize. If a stopover occurs, the Prize travel will terminate, and Grand Prize Winner will be responsible for the full fare, which will be charged from the stopover point for the remaining trip segment(s), including the return. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. Airline tickets issued in connection with the Prize may not be eligible for frequent flyer miles or upgrades. Sweepstakes Winner must comply with all hotel check-in requirements, including, but not limited to, the presentation of a payment card, which will be charged for incidentals. Air transportation and hotel accommodations must be taken together and cannot be taken separately.

At time of prize fulfillment, Grand Prize Winner’s Guests must be at least 18 years old and the age of majority in the jurisdiction in which Guest resides or, if under the age of 18 or the age of majority (a “Minor”), Grand Prize Winner must be Minor’s parent or legal guardian. Guests will be required to complete and return a liability/publicity release prior to prize award. If Guest is a Minor, Minor’s parent/legal guardian must complete and return all releases on behalf of Minor. If Grand Prize Winner elects to participate in the Prize travel with less than five (5) Guests (or no Guests), no additional compensation will be awarded, and all elements of the Prize apportioned for Guests (including airfare, accommodations, per diem, and admission tickets) will be forfeited. No refund or compensation will be made in the event of the cancellation or delay of any flight or event, except at the sole discretion of Sponsor.

To receive rental car benefit, Grand Prize Winner must meet the age requirements of the rental car company, have a valid driver’s license, and payment card (subject to terms and conditions of rental car company) at the time of vehicle pickup. If the Grand Prize Winner does not meet the minimum age, payment, or licensing requirements, the vehicle rental may be issued to a Guest within the Grand Prize Winner’s travel party who is at least twenty-one (21) years of age, possesses a valid driver's license, and satisfies all rental company requirements.

The rental car portion of the Grand Prize includes only the base cost of the vehicle rental as specified by the Sponsor. Grand Prize Winner (or designated driver) will be solely responsible for any associated additional costs or optional products or services, including but not limited to insurance coverage, fuel charges, tolls, parking fees, traffic violations, additional driver fees, security deposits, and any costs resulting from damage to, loss of, or theft of the rental vehicle. In the event that Grand Prize Winner does not meet these and the other requirements as specified by the car rental company this portion of the Grand Prize will be forfeited, and no cash difference will be awarded except at the sole discretion of the Sponsor. All vehicle rentals are subject to the rental company's terms, conditions, eligibility requirements, and approval.

Grand Prize Winner and Guests agree to comply with all rules and regulations in place at the applicable National Park venue, and all terms and conditions as stated on National Park admission tickets. Failure to do so may result in forfeiture of such portion of the Prize. Grand Prize Winner and Guests further agree not to act in an unsportsmanlike or disruptive manner while in attendance at the National Park or any Sweepstakes-related travel.

In the event Grand Prize Winner or Guests engage in behavior during travel or at the National Park that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send Grand Prize Winner and/or Guest(s) home with no further obligations or compensation whatsoever to any (which may, in Sponsor’s sole discretion, result in such Grand Prize Winner’s disqualification from the Sweepstakes and forfeiture of any (and/or all) Prize(s). In the event Grand Prize Winner and/or Guest(s) engage in behavior during travel or at the National Park that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects Grand Prize Winner and/or Guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Sweepstakes Winner as a result of such conduct. SPONSOR, SWEEPSTAKES ENTITIES, AND PRIZE PROVIDER SHALL NOT HAVE ANY LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE GRAND PRIZE.

The actual retail value of Prizes awarded may be taxable as income, and Sweepstakes Winners shall be solely responsible for reporting and paying any applicable federal, state, and local taxes associated with, related to, or incurred in connection with their 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 any Sweepstakes Winner in connection with acceptance, receipt and use of their Prize.

If the value of a Prize exceeds $2,000 USD, Sponsor must report the actual retail value of the Prize to the Internal Revenue Service, and Sweepstakes 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. Sponsor will issue an IRS Form 1099 to the Sweepstakes Winner for the actual value of the Prize received at the end of the calendar year.

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

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.

9.            Publication and License. By participating in the Sweepstakes, Sweepstakes Winner grants to Sponsor (which grant shall be confirmed in writing on request of Sponsor) and Prize Providers an irrevocable, perpetual, worldwide, royalty-free, unlimited, freely transferable license to print, publish, display, broadcast, distribute, reproduce, use and otherwise exploit the Sweepstakes Winner’s name, voice, statement, picture or other likeness, and biographical information in any media now known or hereinafter devised for any purpose whatsoever, including a public winner list, as may be required by law, and/or 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, Prize Provider, 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 Sweepstakes Winners, 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 promotion are the property of the respective trademark owners and are used for identification purposes only. This promotion is in no way sponsored, endorsed, administered by, or associated with such third parties unless specifically stated otherwise. Without limiting the foregoing in any way, by participating in the Sweepstakes, Participant agrees and acknowledges that this Sweepstakes is in no way sponsored, endorsed, or administered by the Coca-Cola Company, or any of their affiliates, subsidiaries, joint ventures, bottlers, dealers, or customers, nor are any of them responsible or liable for any aspect of the administration of the Sweepstakes. Participant hereby releases and agrees to hold harmless the Coca-Cola Company, from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt, use, or non-use of the Prize or any portion thereof.

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 America’s 250th Celebration Sweepstakes, Attn: DXE Team/Marketing Department, 300 Concord Plaza Dr., San Antonio, Texas 78216. All requests must be received within 60 days after the Sweepstakes Period ends.