#OrangeXmasSweepstakes 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.
The #OrangeXmasSweepstakes (the “Sweepstakes”) is sponsored by Whatabrands 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”.
Entries for the Sweepstakes may be submitted by any legal resident of the U.S. States, unless otherwise prohibited by law, who are at least 13 years old at the time of entry. Employees of Whataburger or any other companies associated with the promotion of the Sweepstakes, and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies, 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. The Sweepstakes is subject to federal, state, and local laws and regulations, and is void where prohibited or restricted by law. If you are a deemed a minor in your state of residence (“Minor”), you must have the consent of your parent or legal guardian to participate in this Sweepstakes. Proof of such consent may be required at any time.
2. Agreement to Official Rules
Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the 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.
3. Sweepstakes Period
The Sweepstakes begins on December 19, 2018 at 12:00 p.m. CT and continues through December 25, 2018 at 5:00 p.m. CT (the “Sweepstakes Period”). Beginning on December 19, 2018, and for each calendar day thereafter up through and including December 25, 2018, Sponsor will tweet, from Whataburger’s official Twitter account, an animated video of a snow globe, which video will conclude by revealing a Prize for that calendar day as described more fully in section 7, below (the “Daily Orange Xmas Tweet”). Sponsor will begin accepting Entries (as defined herein) for the applicable calendar day immediately upon its release of each Daily Orange Xmas Tweet, and will continue to accept Entries for that calendar day until 4:00 p.m. CT of that day. Sponsor will then select one Entry as the potential winning Participant for that calendar day. Each Entry is only considered responsive to the Daily Orange Xmas Tweet released that calendar day and retweeted as part of the Entry, and is only effective as Entry for the Prize corresponding to that particular Daily Orange Xmas Tweet. Entries made in response to a particular Daily Orange Xmas Tweet shall not be considered as an Entry for any other Daily Orange Xmas Tweet. Entries outside of the Sweepstakes Period or after the daily 4:00 p.m. CT deadline will not be considered Entries and, thus, not eligible to win. Entries will be accepted online throughout the Sweepstakes Period using the methods described in Section 4, below.
4. How to Enter
To enter, an individual must retweet the applicable Daily Orange Xmas Tweet with the hashtag #OrangeXmasSweepstakes on Twitter during the time period as set forth more fully in paragraph 3, above. Each entrant so doing will be considered a “Participant” and such tweet will be considered the “Entry”. Limit one Entry per Participant per day. Each Entry must be made in accordance with these Official Rules, including the Content Restrictions described below, and must also conform to the rules of the platform on which it is made (i.e., Twitter). Only Entries made during the Sweepstakes Period and for the applicable Daily Orange Xmas Tweet for that calendar day will be eligible to win the Sweepstakes for the Prize shown in the applicable Daily Orange Xmas Tweet. All properly submitted Entries will be automatically entered into the Sweepstakes. Entries in excess of the stated limits may be disqualified. In the event of a dispute concerning the identity of any Participant, the relevant Entry will be deemed submitted by the authorized holder of the applicable Twitter account used to enter.
5. Winner Selection
By 5:30 p.m. CT each day on which a Daily Orange Xmas Tweet is released by Sponsor during the Sweepstakes Period, all qualifying Entries received in accordance with the parameters set forth in paragraphs 3 and 4, above, will be collected, and one winner will be randomly selected from eligible Entries, for a total of seven winners, i.e., a single winner per Daily Orange Xmas Tweet per calendar day of 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 Entries received per calendar day during the Sweepstakes Period.
6. Winner Notification
Sponsor will attempt to notify the potential winning Participant via direct message on such individual’s Twitter account. The potential winning Participant must respond within 24 hours after Sponsor’s first attempt to contact the Participant and must sign and return the Prize Verification Forms (defined below) within the time period indicated by Sponsor (and provide any required consent of a parent or legal guardian where applicable), otherwise the Prize will be forfeited. In the event that a potential winning Participant cannot be contacted or does not respond within the designated period of time, such potential winning Participant will be disqualified and another potential winning Participant may be selected using the same procedures stated above from the remaining eligible Entries received or Sponsor may cancel the Sweepstakes in its sole discretion.
One winner per Daily Orange Xmas Tweet will be chosen as described in Section 5, above, from the qualifying Entries, for a total of seven Prizes awarded.The “Prizes” are described more fully below:
a. December 19, 2018: The winner will receive Whataburger-for-a-Year (which is defined as a total of 52 coupons, each for a single meat Whataburger® sandwich (note that add-ons to the sandwich, as well as sides, drinks, and other items are not included in the definition of Whataburger-for-a-Year)). This Prize has an estimated value of $192.00.
b.December 20, 2018:The winner will receive one sterling silver, Texas-shaped James Avery charm showing the Whataburger logo and one sterling silver and orange enamel James Avery charm in the shape of a Whataburger cup.This Prize has an estimated value of $140.00.
c.December 21, 2018:The winner will receive one custom Whataburger-branded YETI Rambler® tumbler.This Prize has an estimated value of $45.99.
d.December 22, 2018:The winner will receive Honey-Butter-Chicken-Biscuits-for-a-Year (which is defined as a total of 52 coupons, each for a Whataburger® Honey Butter Chicken Biscuit (note that add-ons to the biscuit, as well as sides, drinks, and other items are not included in the definition of Honey-Butter-Chicken-Biscuits-for-a-Year)).This Prize has an estimated value of $151.32.
e.December 23, 2018:The winner will receive a Fancy Ketchup Lover’s Bundle (which is defined to include a 20 oz. bottle of Fancy Ketchup, a Fancy Ketchup t-shirt, a Fancy Ketchup mouse pad, and a Fancy Ketchup reusable grocery bag).This Prize has an estimated value of $29.99.
f.December 24, 2018:The winner will receive one set of Whataburger-branded holiday ornaments inspired by the stickers Whataburger uses to mark custom orders in its restaurants.This Prize has an estimated value of $24.99.
g.December 25, 2018: The winner will receive 10 rewards to be loaded into the winner’s account on the Whataburger App.This Prize has an estimated value of $29.10.
A Minor will not be allowed to receive a Prize without the proof of consent of the Minor’s parent or legal guardian and the parent or legal guardian’s complete acceptance of these Official Rules.
8. Winner Verification and Prize Conditions
Each potential winning Participant (and the parent or legal guardian of any Minor chosen as a potential winning Participant) will be required to sign and return to Sponsor any legal documents that Sponsor may require including, but not limited to, a Winner’s Affidavit (which may contain a publicity release) (“Prize Verification Forms”), within the amount of time specified in the communication by which the Sponsor delivers the Prize Verification Forms to the potential winning Participant. If a potential winning Participant does not timely sign and return the Prize Verification Forms to Sponsor, or chooses not to accept the Prize, such potential winning Participant will be disqualified, and another potential winning Participant may be selected using the same procedures stated above from the remaining eligible Entries received or Sponsor may cancel the Sweepstakes, in whole or in part, in its sole discretion.
9. General Conditions
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, either award the Prizes at random from among the eligible, non-suspect Entries received up to the time of the impairment or elect not to award any Prizes following such termination. The 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 damage the platform or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the 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.
10. Publication and License
Each winning Participant of the Sweepstakes grants to Whataburger an irrevocable, perpetual, worldwide, royalty-free, unlimited, freely transferable license to print, publish, display, broadcast, distribute, reproduce, use and otherwise exploit the winning Participant's name, voice, statement, picture or other likeness, without additional compensation, in any media now known or hereinafter known for any purpose whatsoever, including public relations, advertising and promotional purposes as may be determined by Whataburger. Nothing herein will obligate Whataburger to make any use of any of the rights set forth herein.
11. Content Restrictions
Participants must not include any of the following content (“Restricted Content”) in their Entries: (a) anything that is not in keeping with the reputation and image of the Whataburger brand of products and services; (b) anything that is obscene, indecent, or sexually explicit or suggestive; (c) anything that may be considered offensive to individuals of any age, race, ethnicity, national origin, religion, sexual orientation or other protected class or to persons who are disabled; (d) anything that infringes, violates or misappropriates any person’s or entity’s personal or proprietary rights (including copyrights, trademarks or other intellectual property rights); (e) anything that defames or invades the publicity or privacy rights of any person, living or deceased; (f) any threats to any person, place, business, group or entity; (g) anything that depicts illegal or violent acts; (h) anything that is libelous, hateful or slanderous; (i) anything that depicts or references tobacco, alcohol, drugs, dangerous stunts or weapons of any kind, including but not limited to guns, knives or projectiles; and (j) any images of individuals under legal age of majority, except if the Participant has obtained a signed release from such individual’s parent or legal guardian. Any Entry with Restricted Content shall be disqualified and ineligible to participate in or win the Sweepstakes. The determination of whether content submitted by a Participant is Restricted Content will be made in Sponsor’s sole and absolute discretion and Sponsor’s determination that content is Restricted Content shall be final and binding in all respects.
12. Release and Limitations of Liability
By participating in the Sweepstakes, Participants agree to release and hold harmless Sponsor, and its parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (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 me or any third party as a result of participation in the Sweepstakes, acceptance, receipt, use or nonuse of the prize (including any travel or activity related thereto), Whataburger’s use of my name, voice, statement, picture or other likeness, or Whataburger’s use of the Entry as permitted hereunder (including but not limited to claims of false endorsement or infringement of rights of 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 or 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 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 winner, or the processing of Entries; or (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 or misuse of the prize (including any travel or activity related thereto). Participant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost 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. 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.
13. 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, Participants agree and acknowledge that Twitter, James Avery, and Yeti are not Sponsors of this Sweepstakes. Participants further agree to release and hold harmless Twitter, James Avery, and Yeti from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize.
Except where prohibited, each Participant agrees that 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. 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 Whataburger 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.
16. Winner List
The names of the persons with the winning Entries will be tweeted from the official Whataburger Twitter account within a reasonable time of Sponsor selecting all winners, and provided the winners have timely completed all necessary Prize Verification Forms, including parent or legal guardian signatures, if applicable, then by no later than December 31, 2018. A list of winners can also be obtained by sending a request with a self-addressed, stamped envelope to Whataburger, Attn: Corporate Communications, 300 Concord Plaza Dr., San Antonio, Texas 78216. All requests must be received within 60 days after the Sweepstakes ends.