San Antonio,
12
September
2017
|
03:30 PM
Europe/Amsterdam

Snapchat Contest Terms & Conditions

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. RESIDENTS OF RHODE ISLAND, NEW YORK, AND FLORIDA ARE NOT ELIGIBLE TO PARTICIPATE.

The Snapchat Fan Generation – 1,000 Taquitos Contest (the “Contest”) 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”.

 1. Eligibility

Entries for the Contest may be submitted by any legal resident of the fifty (50) United States or the District of Columbia (unless otherwise excluded herein) who are at least thirteen (13) years old at the time of entry. Employees of Whataburger or any other companies associated with the promotion of the Contest, 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 Contest. The Contest 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 Contest. Proof of such consent may be required at any time.

 2. Agreement to Official Rules

Participation in the Contest 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. Contest Period

The Contest begins on September 12, 2017 at 12:00PM CST and ends on September 20, 2017 at 3:00PM CST (the “Contest Period”). Submissions will be collected from September 12, 2017 at 12:00PM CST through September 15, 2017 at 3:00PM CST (the “Submission Period”). Submissions that are submitted before or after the Submission Period will be disqualified. Submissions will be accepted online throughout the Submission Period using the methods described in Section 4 below.

 4. How to Enter

To enter the Contest, individuals must follow Whataburger’s official Snapchat account (@WhataburgerLife) and send Whataburger a snap describing and/or answering “What would you do with 1,000 taquitos from Whataburger?” and “To what charity would you donate $1,000?” (a “Snap”) to be entered to win. Each person who submits their Snap to Whataburger will be considered a “Participant”, and each such Snap will be the “Submission”.

Submissions can only be made to Sponsor’s official Snapchat account (@WhataburgerLife) and must be made pursuant to (a) Snapchat’s official terms and conditions and (b) these Official Rules, including, without limitation, the Content Restrictions listed below. Limit one Submission per Participant, per day.

Each Submission must be made in accordance with these Official Rules during the Submission Period. Only Submissions made during the Submission Period will be eligible to win. All properly made Submissions from eligible individuals will be automatically entered into the Contest.

Submissions will not be acknowledged or returned. However, Sponsor may post various Submissions on its own social media platforms, including, but not limited to, its official Snapchat account. If Sponsor posts a Participant's Submission as such, this does not necessarily mean that the Submission has been chosen as a winner.

5. Winner Selection

After September 15, 2017 at 3:00PM CST, all Submissions made during the Submission Period will be collected and judged by a panel of judges consisting of members of Sponsor’s Social Media Team based on the following criteria:

  • Originality (75%); and
  • Clarity of Detail in Submission (25%); e.g., “I would give them out to people I see” (less clear) vs. “I would give them to my entire 8:00AM class” (more clear).

In the event of a tie, the Submission with the highest “Originality” score shall be considered the higher scoring entry.

Sponsor reserves the right to not select Finalists (or a winner), if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.

Judging will be conducted under the direction of Sponsor, whose decisions are final and binding in all matters relating to the Contest.

 6. Winner Notification

The Sponsor will attempt to notify the potential winning Participant via direct message on the winner’s Snapchat account. If any potential winning Participant does not respond within 24 hours after the date of the first attempt to contact him or her, the Sponsor may select the next highest scoring Participant as the potential alternate winning Participant. Potential winning Participants must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements, including consent of a parent or legal guardian where applicable. In the event that a potential winner declines the Prize or is disqualified for any reason, Sponsor may, in its sole discretion, elect to award the applicable Prize to the next highest scoring Participant or elect to not award a Prize.

If the winner has submitted all required documentation in accordance with this Section 6, then Whataburger will announce the winner on its social media platforms of its choosing on September 20, 2017, or as soon thereafter as reasonably practicable for Sponsor.

 7. Prizes

One winner will be chosen as described in Section 5 above for a total of one prize awarded. The Contest winner will be given the opportunity to: (1) execute their 1,000 taquito drop, and (2) donate $1,000.00 to the charity of their choice, each in accordance with their Submission. Additionally, the winner will receive a Whataburger “swag bag” with various Whataburger-themed items, including the following: Whataburger Orange and White striped tumbler (retail $42.99); Whataburger T-shirt (retail $19.99); Whataburger Fleece Blanket (retail $24.99) – with a total value of (including taxes) $95.23. The taquito drop, charity donation, and Whataburger “swag bag” will be collectively referred to as the “Prize”. The winner will also record and share with Whataburger, through Whataburger’s official Snapchat account, the 1,000 taquito drop and the donation to the charity of their choice.

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.

No transfer, substitution, or cash equivalent for all or any portion of the Prize is allowed except at Sponsor’s sole discretion. The Prize or any portion of the Prize is non-transferable and may not be given, bartered, substituted, sold, or exchanged for cash or another Prize (unless otherwise included herein). Unused components of the Prize have no redeemable cash value. Sponsor reserves the right to substitute any listed Prize for one of equal or greater value for any reason.

8. Winner Verification and Prize Conditions

Potential winning Participants (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 and an assignment of ownership of all rights, title and interest in and to the winning Participant’s Submission, subject to a limited personal use granted to such Participant), and an IRS Form W-9 (collectively, “Prize Verification Forms”), within the amount of time specified in the email or other notice 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 his or her Prize, such potential winning Participant will be disqualified, and the next highest scoring Participant may be selected as the alternate winning Participant, or Sponsor may elect at its sole discretion not to award the Prize, or Sponsor may cancel the Contest in its sole discretion.

9. General Conditions

In the event that the operation, security, or administration of the Contest 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 Contest 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 Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the Prize to the highest scoring Submission made before the time of the impairment. 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 Contest 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 Contest 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 attorneys 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

By posting a Submission, each Participant: (a) represents and warrants to Whataburger that the Submission is an original work and that the Participant owns all right, title and interest in the Submission as of the date of submission or has all necessary rights and authorizations to submit it and the express permission of all individuals, content and materials embodied in the Submission to submit it for possible use as provided herein; (b) represents and warrants to Whataburger that the Submission does not violate these Official Rules or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (c) grants to Whataburger an irrevocable, perpetual, worldwide, royalty-free, unlimited, freely transferable right and license to use, edit, modify, duplicate, license and/or create derivative works from the Submission for any and all purposes, in any and all media, whether now known or hereafter devised. In addition, and except as prohibited by law, the winning Participant of the Contest grants to Sponsor an irrevocable, perpetual, worldwide, royalty-free, unlimited, freely transferable license to print, publish, display, broadcast, distribute, reproduce, use and otherwise exploit the winner’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. The winning Participant may be required to sign a publicity release confirming the foregoing grant of rights to Sponsor prior to acceptance of a Prize. Nothing herein will obligate Whataburger to make any use of any of the rights set forth herein.

11. Content Restrictions

Submissions must be made in the English language. Participants must not include any of the following content (“Restricted Content”) in their Submissions: (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 obtains a signed release from such individual’s parent or legal guardian. Any Submission with Restricted Content shall be disqualified and ineligible to participate in or win the Contest. 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 Contest, Participants agree to release and hold harmless Sponsor, and its parent, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, 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 Contest, 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 Submission 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 Contest, 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 Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, or the processing of Submissions; 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 Contest 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 Contest, 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 Contest. 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.

By participating in the Contest, Participants agree and acknowledge that Snapchat is not among the Sponsors of this Contest. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, or Snapchat. Participants further agree to release and hold harmless Facebook, Twitter, Instagram, and Snapchat from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the Prize.

 14. Disputes

Except where prohibited, each Participant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest 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 Contest or any Submission, shall be governed by, and construed in accordance with, the laws 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 Texas.

 15. Privacy

Information collected from Participants is subject to Sponsor’s privacy policy, which can be found at http://whataburger.com/home/privacypolicy.

 16. Winner List

The name of the person with the winning Submission will be posted on the Whataburger social media profile pages within one hundred and twenty (120) hours of Whataburger selecting the applicable winner and the applicable winner or winner’s parent or legal guardian signing a Winner’s Affidavit (if applicable). A list of winner(s) 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 sixty (60) days after the Contest ends.

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