WHATABURGER SCORE MORE PROMOTION
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 IN NEW YORK, PUERTO RICO, U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED.
RESIDENTS OF NEW YORK ARE NOT ELIGIBLE TO PARTICIPATE.
PROMOTION DESCRIPTION: The Whataburger Score More Promotion (the “Promotion”) begins on July 24, 2023 at 12:00:01 a.m. Eastern Time (“ET”) and ends on August 20, 2023 at 11:59:59 p.m. ET (the "Promotion Period"). The Promotion consists of a virtual collect-and-win game (the “Collect-and-Win”) to award the Grand Prizes and an online instant win game (“Instant Win”) to award the Instant Win prizes, as described herein, collectively referred to as the “Game”.
Participation in the Promotion does not constitute participation in any other promotion, contest, or sweepstakes. By participating in the Promotion, each Participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Whatabrands LLC, located at 300 Concord Plaza Dr., San Antonio, Texas 78216 (“Sponsor”), which shall be final and binding in all respects. Sponsor and its parents, subsidiaries, affiliates, successors, and assigns are referred to throughout these Official Rules as “Whataburger”. The “Administrator” of this Promotion is CataBoom LLC. The Administrator is responsible for the functionality of the Game, and the Administrator’s computer is the official time-keeping device for this Promotion. The Administrator’s decisions as to the administration and operation of the Game and the determination of potential winners are final and binding in all matters related to the Promotion.
ELIGIBILITY: Except as otherwise provided in these Official Rules or as prohibited by law, any legal resident of the United States (excluding residents of New York, Puerto Rico, and U.S. Territories and Possessions) who (i) is at least 13 years of age at the time of participation in this Promotion, and (ii) is a member of the Whataburger Rewards Program (the “Program”) is eligible to participate (each, a “Participant” and, collectively, “Participants”). Participants who are less than the age of majority in their state of residence (“Minor”), must have the consent of their parent or legal guardian to participate in this Promotion. Proof of such consent may be required at any time. The Program is free to join. For more information visit https://whataburger.com/benefits. Employees, officers, and directors of Whataburger, Administrator, or any other companies associated with the Promotion, and employees of each their respective parents, subsidiaries, affiliates, franchisees, distributors, retailers, sales representatives, and advertising and promotion agencies (collectively, the “Promotion Entities”), and the immediate family members (spouse, parents, siblings, and children) and/or those individuals living in the same household of each such employee, officer, or director, are ineligible to participate in the Promotion or win a prize. The Promotion is subject to federal, state, and local laws and regulations and is void where prohibited or restricted by law.
HOW IT WORKS: Each Participant will have an opportunity to receive up to 17 Game plays during each Week of the Promotion Period. For purposes of these Official Rules, a “Week” is defined as a seven-day period during the Promotion Period beginning each Monday at 12:00:01 a.m. ET and ending the following Sunday at 11:59:59 p.m. ET.
Daily Game Plays -- During the Promotion Period, each Participant will automatically receive one Game play in the Participant’s Program account each Day of the Promotion Period. Daily Game Plays must be played on the day that they are earned or they will be forfeited. For purposes of these Official Rules, a “Day” is defined as any 24-hour period during the Promotion Period beginning at 12:00:01 a.m. ET and ending at 11:59:59 p.m. ET.
Qualifying Order and Weekly Challenge Game Plays -- During the Promotion Period, Participants may earn one or two additional Game plays each Week for each purchase made through Whataburger.com or the Whataburger App (a “Qualifying Order”) as set forth below. A “Single Purchase Challenge” will earn a Participant one Game play. Completion of a “Weekly Challenge” will earn a Participant two Game plays.
The Participant actions required to fulfill a Single Purchase Challenge and Weekly Challenge vary each Week of the Promotion Period as follows:
Week 1 (July 24, 2023 – July 30, 2023):
- Single Purchase Challenge: 1 Game play challenge:
· Complete a Qualifying Order during Week 1 for any #1-6 menu item
· Complete a Qualifying Order during Week 1 for a Shake
- Weekly Challenge: 2 Game play challenge:
· Complete a Qualifying Order on three consecutive Days during Week 1
Week 2 (July 31, 2023 – August 6, 2023):
- Singe Purchase Challenge: 1 Game play challenge:
· Complete a Qualifying Order during Week 2 for a Breakfast Burger or a Breakfast Bowl
· Complete a Qualifying Order during Week 2 for Onion Rings
- Weekly Challenge: 2 Game play challenge:
· Complete a Qualifying Order during Week 2 for delivery
Week 3 (August 7, 2023 – August 13, 2023):
- Single Purchase Challenge: 1 Game play challenge:
· Complete a Qualifying Order during Week 3 for either a Whatachick’n Sandwich, Grilled Chicken Sandwich, or Spicy Chicken Sandwich
· Complete a Qualifying Order during Week 3 for a Large Fries
- Weekly Challenge: 2 Game play challenge:
· Complete a single Qualifying Order during Week 3 for $20 or more
Week 4 (August 14, 2023 – August 20, 2023):
- Single Purchase Challenge: 1 Game play challenge:
· Complete a Qualifying Order during Week 4 for a Jalapeno Cheddar Biscuit
· Complete a Qualifying Order during Week 4 for any item on the All Time Favorites portion of Whataburger’s menu
- Weekly Challenge: 2 Game play challenge:
· Complete a single Qualifying Order during Week 4 for $30 or more
Some Qualifiying Orders may earn both Single Purchase Challenge Game Plays and Weekly Challenge Game Plays if all requirements are met for both types of Games plays.
No Purchase Necessary Game Plays – During the Promotion Period, Participants may get up to two Game plays per Day without making a purchase by visiting https://bit.ly/3JSEVUZ and following the instructions.
Limit 17 total Game plays per Participant and per Program account per Week. As a result of the limit of 17 total Game plays per Participant and per Program account per Week, a Participant may not receive Game plays for what would otherwise be completion of a Single Purchase Challenge, Weekly Challenge, or when requesting a No Purchase Necessary Game Play, in each case if the receipt of such Game play would result in the Participant or the applicable Program account receiving more than 17 Game plays in the corresponding Week.
To play Game plays and see if they are an Instant Win prize winner or have been awarded a Rare Badge or Common Badge, as defined more fully below, Participants must log into their Program account during the Promotion Period, locate their available Game plays, check the box to agree to these Official Rules (if this is the Participant’s first time playing the Game), and follow the on-screen instructions. For each Game play, once a Participant has completed the requirements in the on-screen instructions, the Participant will be informed if: (i) the Participant has won an Instant Win prize, subject to verification of eligibility, (ii) the Participant has received a Collect-and-Win badge, or (iii) the Participant has not won either a Collect-and-Win badge or an Instant Win prize. If a Participant receives a message that contains any content other than an Instant Win prize or a Collect-and-Win badge, then the Game play is not a winning play and the Participant is not a winner as a result of that Game play.
Collect-and-Win Prize Winner Determination: There are three badges that must be collected for each of the Collect-and-Win prizes available. Two of the badges required for a Collect-and-Win prize will be awarded based on the odds of 1:10 (each a “Common Badge”). There is only one of the third badge (each, a “Rare Badge”) available for each Collect-and-Win prize, and the Rare Badges will be awarded as described below. If a Participant collects all three badges for a particular Collect-and-Win prize, that Participant will be the potential winner of that Collect-and-Win prize, subject to verification of eligibility and compliance with these Official Rules. If a Participant is a potential Collect-and-Win prize winner, the Participant will be provided with instructions on further obligations as a potential winner under these Official Rules and how to claim the applicable Collect-and-Win prize.
Instant Win Prize Winner and Rare Badge Winner Determination: One computer generated winning time will be randomly generated for each Instant Win prize and each Rare Badge available in this Promotion. If a Participant is the first Participant to play the Game at or after one of the randomly generated times, that Participant will be a potential winner of the Instant Win prize indicated or the recipient of the Rare Badge indicated, subject to verification of eligibility and compliance with these Official Rules. Odds of winning an Instant Win prize or being a Rare Badge recipient depend on the total number of eligible Game plays and the time and date upon which they are entered. There is no guarantee that all prizes will be awarded.
The Promotion Entities are not responsible for incorrect or inaccurate information, whether caused by Internet users, by any of the equipment or programming associated with or utilized in the Promotion, or by any technical or human error that may occur in the processing of the Game plays or the Promotion. Whataburger and the Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft, or destruction, or unauthorized access to or alteration of, Game plays or the Promotion. Participation must be by the Participant and only as directed in these Official Rules. Participation by any other individual or any entity, and/or originating at any website or other platform, including any commercial promotion subscription notification and/or entering service sites, is invalid and disqualified for this Promotion. The use of any device to automate participation in the Promotion is prohibited and results in automatic disqualification from this Promotion.
In the event of a dispute over the identity of a Participant, the Game play will be deemed completed by the authorized account holder of the email address provided at time of Program registration. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, wireless carrier, or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address.
If due to technical, production, or other errors, more prizes are claimed than intended, the intended prizes will be awarded in a random drawing from all those submitting purportedly valid claims. No more than the number of prizes set forth in these Official Rules will be awarded. ALL POTENTIAL WINNING GAME PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. A "SCREEN SHOT" IS NOT PROOF OR EVIDENCE OF A WINNING GAME PLAY AND/OR PRIZE. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PLATFORM SHOULD SO INDICATE, UNLESS AND UNTIL SAID PARTICIPANT’S ELIGIBILITY AND THE POTENTIAL WINNING GAME PLAY HAVE BEEN VERIFIED, SAID PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE, AND ALL REQUIRED PRIZE VERIFICATION FORMS, IF ANY, HAVE BEEN EXECUTED. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF ALLEGED WINNING GAME PLAYS IN LIEU OF ITS VALIDATION PROCESS. ANY GAME PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE GAME PLAY AND IS VOID AND WILL NOT BE HONORED. The submission of a prize claim is solely the responsibility of the Participant.
· Grand Prize: One Grand Prize is available. The Grand Prize consists of “Whataburger for a Decade”, which is defined for purposes of this Promotion as, and will be awarded in the form of, one digital coupon (each a “Digital Coupon”) for a free Whataburger® sandwich automatically deposited in the winner’s Program account every Monday for 520 consecutive weeks beginning September 25, 2023. The approximate retail value (“ARV”) of the Grand Prize is $2,700.00.
· First Prizes: Two First Prizes are available. Each First Prize consists of “Whataburger for a Year”, which is defined for purposes of this Promotion as, and will be awarded in the form of, one Digital Coupon for a free Whataburger® sandwich automatically deposited in the winner’s Program account every Monday for 52 consecutive weeks beginning September 25, 2023. The ARV of each First Prize is $270.00.
· Second Prizes: Five Second Prizes are available. Each Second Prize consists of “Whataburger for a Month”, which is defined for purposes of this Promotion as, and awarded in the form of, one Digital Coupon for a free Whataburger® sandwich automatically deposited in the winner’s Program account every Monday for five consecutive weeks beginning September 25, 2023. The ARV of each Second Prize is $26.00.
Add-ons to the Whataburger® sandwich, as well as sides, drinks, and items not otherwise expressly identified, are not included in the definition of Whataburger for a Decade, Whataburger for a Year, or Whataburger for a Month. Any such additional items ordered at the time a Digital Coupon is used will be at the Participant’s expense. Applicable taxes due on the item expressly identified in the Digital Coupon are included in the value of the Digital Coupon, but applicable taxes due for add-ons, sides, drinks, and other items not expressly identified in the Digital Coupon must be paid by the Participant.
At any time during the applicable period of Whataburger for a Decade, Whataburger for a Year, or Whataburger for a Month, Sponsor may pay the remaining credit balance to the winner as a cash payment, to be reasonably determined by Sponsor, in satisfaction of the prize award.
Instant Win Prizes: Instant Win prizes will be automatically deposited in the form of a Digital Coupon directly into the winning Participant’s account.
· 7,157 Honey BBQ Chicken Strip Sandwich prizes are available with an ARV of $7.49 each.
· 11,366 Whataburger® Sandwich prizes are available with an ARV of $5.19 each.
· 15,997 Breakfast Burger prizes are available with an ARV of $5.19 each.
· 45,466 Medium Fry prizes are available with an ARV of $2.99 each.
· 113,666 Brownie prizes are available with an ARV of $2.69 each.
· 227,331 Honey Butter Chicken Biscuit prizes are available with an ARV of $3.59 each.
Add-ons to the specified items, as well as sides, drinks, and other items not otherwise expressly identified as part of the Instant Win prize, are not included in the Instant Win prize. Any such additional items ordered at the time a Digital Coupon is used will be at the Participant’s expense. Applicable taxes due on the item expressly identified in the Digital Coupon are included in the value of the Digital Coupon, but applicable taxes due for sides, drinks, and other items not expressly identified in the Digital Coupon must be paid by the Participant.
The actual value of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. TOTAL ARV OF ALL PRIZES: $1,487,542.87.
UNCLAIMED/UNREDEEMED PRIZES WILL NOT BE AWARDED. There is no guarantee that all prizes will be awarded.
LIMITATIONS ON REDEMPTION OF DIGITAL COUPONS: Winners must have a current, active Program account to receive and redeem Digital Coupons. Digital Coupons for Instant Win prizes will be deposited into the applicable Program account within a reasonable period of time after being awarded to the Participant, generally within 24 hours of such award. DIGITAL COUPONS MAY ONLY BE USED FOR PURCHASES MADE THROUGH WHATABURGER.COM OR THE WHATABURGER APP. All Digital Coupons automatically expire seven days after they appear in the winner’s Program account. ADDITIONAL terms may apply to digital coupons. REFER TO THE DIGITAL COUPON FOR ANY SUCH ADDITIONAL TERMS. Redemption of Digital Coupons is also subject to the terms of the MyWhataburger Loyalty and Rewards Program (see https://whataburger.com/home/termsandconditions for terms).
GENERAL PRIZE CONDITIONS: Winners are solely responsible for all applicable federal, state, and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Each potential winning Participant of the Grand Prize and the First Prizes will be required to sign and return to Sponsor (and, in the case of a Minor winner, such Minor winner’s parent/legal guardian on their behalf) any legal documents that Sponsor may require, including a winner’s affidavit (which may contain a publicity release) and an IRS Form W9 (in the case of the Grand Prize) (“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, at the sole discretion of Sponsor, another potential winning Participant may be selected using the same procedures stated above or Sponsor may cancel the award of said prize if it is unclaimed. A Minor will not be allowed to receive a Collect-and-Win 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. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason. Prizes, or any portion of a prize, is non-transferable and may not be given, bartered, substituted, sold, or exchanged for cash or another prize.
GENERAL CONDITIONS: In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including fraud, virus, bug, worm, unauthorized human intervention, or other technical problem, or in the event the Promotion 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 Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Promotion and, in the event of termination, award the prizes at random in a method that is in the spirit of these Official Rules and as determined by Sponsor. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Game play process or the operation of the Promotion 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 Promotion 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 Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
COMMUNICATION CHARGES: Standard messaging, cellular, or other communication-based rates may apply to a Participant’s participation in the Promotion. Sponsor is not responsible for any messaging, cellular, or other communication-based charges incurred by Participant. Participants should check with their mobile or other service provider for more information.
PUBLICATION AND LICENSE: Each winning Participant (and, in the case of a Minor Participant, such Minor Participant’s parent/legal guardian on their behalf) of the Promotion grants to Whataburger and its designees 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. The license grant in this Section is void to the extent prohibited by applicable law. Check local laws for any restrictions or limitations regarding this license grant.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Promotion, Participants (and, in the case of a Minor Participant, such Minor Participant’s parent/legal guardian on their behalf) agree to release and hold harmless the Promotion Entities and each of their respective 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 the Participant or any third party as a result of participation in the Promotion; acceptance, receipt, use, or nonuse of a prize (including any travel or activity related thereto); or any use of Participant’s name, voice, statement, picture, or other likeness to the extent permitted by these Official Rules (including 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 Promotion, 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 Promotion; (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 Promotion, including errors that may occur in the administration of the Promotion, the announcement of the winners, or the processing of Game plays; or (f) injury, death, losses, or damages of any kind to persons or property that may be caused, directly or indirectly, in whole or in part, from participation in the Promotion or acceptance, receipt, or misuse of a 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 actual out-of-pocket cost of entering and participating in the Promotion, 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 Promotion. 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 to each Participant. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
GOVERNING LAW: Except where prohibited by applicable law, each Participant agrees that any and all disputes, claims, and causes of action arising out of or connected with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in Bexar County, Texas. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, Participants’ rights and obligations, or the rights and obligations of Whataburger in connection with the Promotion or any Game play 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 that would cause the application of the laws of any jurisdiction other than the state of Texas.
WINNER’S LIST: Names of the winners of the Grand Prize, the First Prizes, and the Second Prizes will be posted at https://stories.whataburger.com/score-more-official-rules-2023/ for at least six weeks following the Promotion Period.
- Jessica Romo
- Marielena Garcia
- Kassandra Robles
- Robert Mendieta
- Bill Stilson