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 #WhataCustomJacketContest (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 50 United States or the District of Columbia (unless otherwise excluded herein) who is at least 13 years old at the time of entry. Employees of Whataburger or any other companies or persons associated with the promotion, operation, or judging 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 or person, 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

By submitting a Submission (defined below), Participant (defined below) fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding. Winning a Prize (defined below) is contingent upon the Participant being compliant with these Official Rules and fulfilling all other requirements set forth herein.

3. How to Enter

To enter the Contest, an individual must post an original photograph, graphic, or still image featuring stylized images of Whataburger-branded or Whataburger-themed content (the “Submission”) on a publicly viewable Instagram account using the required hashtag #WhataCustomJacketContest and tagging @Whataburger. Using multiple accounts and repeated posts is discouraged. Participants violating Instagram’s terms of use may be disqualified. All Submissions must be made pursuant to Instagram’s terms and these Official Rules, including, without limitation, the Content Restrictions listed below. All properly made Submissions from eligible individuals will be automatically entered into the Contest. Each person posting a Submission will be considered a “Participant”. Submissions will not be acknowledged or returned.

4. Submission Period

Only Submissions made between 10:00 a.m. CT on December 1, 2020 and 11:59 pm CT on December 10, 2020 (the “Submission Period”) will be eligible to win. Submissions that are submitted before or after the Submission Period will be disqualified. Submissions will be accepted online throughout the Submission Period only using the method described in Section 3, above.

5. Winner Selection

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:

• 40% Whataburger brand prominence;
• 40% creativity; and
• 20% uniqueness.

Using the foregoing criteria, the judges will determine the Submission with the highest total score and that Submission will be the potentially winning Submission. In the event of a tie, the Submission with the highest score for Whataburger brand prominence shall be considered the higher scoring entry. In the event any Submissions remain tied (i.e., the Submissions have identical “brand prominence” scores), the earliest Submission received by Sponsor of those Submissions that remain tied will be considered the potentially winning Submission. Judging will be conducted under the direction of Sponsor, whose decisions are final and binding in all matters relating to the Contest. Sponsor reserves the right to not select a winner if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.

6. Winner Notification

Sponsor will attempt to notify the potential winning Participant via direct message to the potential winner’s social media account. To win the Contest, the potential winning Participant must comply with all terms and conditions of these Official Rules and must fulfill each of the following requirements: (a) provide consent of a parent or legal guardian where applicable, and (b) complete and return the Prize Verification Form(s) (defined in Section 8, below). If any potential winning Participant does not respond within 24 hours after the date of Sponsor’s first attempt to contact him or her, fails to comply with all terms and conditions of these Official Rules, fails to comply with requirements (a) and (b) of this Section 6, declines the Prize (as defined below), or is disqualified for any reason, Sponsor may, at its sole discretion select the next highest scoring Submission as the potential alternate winning Participant. Sponsor may continue selecting the next highest scoring Submission as the potential alternate winning Participant until such time as a Participant is adjudged a winner as set forth in this paragraph, or Sponsor may elect at its sole discretion not to award the Prize, or Sponsor may cancel the Contest in its sole discretion.

7. Prize

One winner will be chosen as described in Sections 5 and 6, above, for a total of one prize awarded. The #WhataCustomJacketContest winner will receive the following items, collectively “the Prize”:

(a) a jacket adorned with Oxford Pennant® patches valued at $250; and

(b) an Oxford Pennant gift card valued at $75.

The total Prize value is $325.

A Minor will not be allowed to receive the 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. Unused components of the Prize have no redeemable cash value. Sponsor reserves the right to substitute the Prize or any portion of the Prize for one of equal or greater value for any reason.

8. Winner Verification and Prize Conditions

In addition to the other requirements stated in Section 6 above, the potential winning Participant (or his or her parents or legal guardians if the potential winning Participant is a Minor) will be required to sign and return to Sponsor any legal documents that Sponsor may require to be adjudged the winner, including, but not limited to, a Winner’s Affidavit, which may contain a liability release and a publicity release and license consistent with the terms of Section 10 below (collectively, “Prize Verification Forms”), within the amount of time specified in the email or other notice by which Sponsor delivers the Prize Verification Forms to the potential winning Participant.

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, 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 based on the highest scoring Submission made before 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 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, 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 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 and to the Submission as of the date such Submission is submitted or has all necessary rights and authorizations to submit the Submission and the express permission of all individuals and for all content and materials embodied in the Submission to submit the Submission 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 applicable law, the winning Participant 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. As further described in Section 8 above, the winning Participant may be required to sign a publicity release and license confirming the foregoing grant of rights to Sponsor prior to acceptance of the 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 or dangerous stunts; (h) anything that is libelous, hateful, or slanderous; (i) anything that depicts or references tobacco, alcohol, drugs, 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 that Sponsor determines includes 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, the entities identified in Section 13 below, any other entities 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 Participant or any third party as a result of participation in the Contest, acceptance, receipt, use, or nonuse of the Prize, Whataburger’s use of the Participant’s 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, accessibility, miscommunications, or failed computer, satellite, telephone, cellular tower, or cable transmissions or 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 winning Participant, or the processing of Submissions; 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 Contest or acceptance, receipt, or misuse of a Prize. Participant further agrees that in any cause of action the Released Parties’ liability will be limited to the lesser of $100 or the Participant’s actual out-of-pocket cost of entering and participating in the Contest, and in no event shall the Participant be entitled to recover or 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. Third-Party Trademarks and Additional Disclaimer

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 Contest, Participants agree and acknowledge that this promotion is in no way sponsored, endorsed, or administered by, or associated with Oxford Pennant or Instagram. Participants further hereby release and agree to hold harmless Oxford Pennant and Instagram from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the Prize or any portion thereof.

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 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.

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 Participant with the winning Submission will be posted on the Whataburger social media profile pages by 12:00 p.m. on January 6, 2021, or as soon thereafter as a winner of the Prize is determined in accordance with the procedures in Section 6, above. The name of the winner 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 end of the Submission Period.

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 ARE NOT ELIGIBLE TO PARTICIPATE.

The ASU Whataspirit Sweepstakes (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”.

 1. Eligibility

Entries for the Sweepstakes may be submitted by any legal resident of the United States, unless otherwise prohibited by law, who is 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 January 13, 2020 at 12:00 a.m. CT and continues through January 27, 2020 at 11:59 CT (the “Sweepstakes Period”).

 4. How to Enter

To enter the Sweepstakes, each entrant must either: (a) post or tweet a photo of themselves in front of: (i) the Arizona State University (“ASU”) mural in the Whataburger restaurant located at 1346 South Rural Road, Tempe, Arizona 85281 (the “Restaurant”), or (ii) the ASU logo on the exterior of the Restaurant, at #WhataASUSpirit on Twitter or Instagram during the Sweepstakes Period (“Online Entry”); or (b) print your name, complete address, email, and telephone number on a standard 4” X 6” postcard and mail it to: 300 Concord Plaza Dr., San Antonio, Texas 78216 ATTN: ASU Whataspirit Sweepstakes (“Mail-In Entry”). Each Mail-In Entry must be postmarked within the Sweepstakes Period and received within the Sweepstakes Period in order to be entered into the drawing set forth in paragraph 5, below. Only entries made in accordance with the timing set forth in these Official Rules will be eligible to win the Sweepstakes. All properly submitted entries will be automatically entered into the Sweepstakes.

Each person submitting either an On-Line Entry or a Mail-In Entry (collectively referred to as an “Entry”) in accordance with these Official Rules will be considered a “Participant”. Limit one Entry per Participant (either through the On-Line Entry or Mail-In Entry, but not both). Entries in excess of the stated limits may be disqualified. Whataburger is not responsible for Entries that are lost, late, misdirected, ineligible and/or incomplete due to mail delivery service, computer or electronic malfunction, or other error. Whataburger 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 Whataburger and will not be acknowledged or returned. Each Entry must be made in accordance with these Official Rules, including the Content Restrictions described below, and, if applicable, must also conform to the rules of the platform on which it is made (i.e., Twitter or Instagram). 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 or Instagram account used to enter.

5. Winner Selection

On January 28, 2020, all qualifying Entries received during the Sweepstakes Period will be collected, and one winner will be randomly selected from the eligible Entries. 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 during the Sweepstakes Period.

 6. Winner Notification

Sponsor will attempt to notify the potential winning Participant via email for all On-Line Entries or via email or telephone for all Mail-In Entries. 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.

 7. Prizes

One winner will be selected from the qualifying Entries.The winner will receive the following items, collectively referred to herein as the “Prize”, the total of which is valued at $292.00.

(a) 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), valued at $192.00, and

(b) Two tickets to the February 6, 2020 NCAA basketball game between ASU and the University of California Los Angeles (“UCLA”), in Tempe, Arizona (the “Event”), valued at $50.00 per ticket for a total of $100.00.

THE PRIZE DOES NOT INCLUDE ANY TRANSPORTATION, ACCOMMODATIONS, MEALS, CONCESSIONS, OR OTHER ITEMS OR COMPONENTS NOT EXPRESSLY LISTED ABOVE IN THIS SECTION 7.THE WINNING PARTICIPANT IS SOLELY RESPONSIBLE FOR ARRANGING AND PAYING FOR ALL NECESSARY TRAVEL, ACCOMMODATIONS, MEALS, CONCESSIONS, AND OTHER COSTS ASSOCIATED WITH ATTENDING THE EVENT.

A Minor will not be allowed to receive the 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 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, award the Prize at random from among the eligible, non-suspect Entries received up to 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 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

By submitting an Entry, each Participant: (a) represents and warrants to Whataburger that the Entry is an original work and that the Participant owns all right, title, and interest in the Entry 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 Entry to submit it for possible use as provided herein; (b) represents and warrants to Whataburger that the Entry 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 Entry for any and all purposes, in any and all media, whether now known or hereafter devised. In addition, and except as prohibited by law, 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 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. 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. Third-Party Trademarks; 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, Instagram, the NCAA, ASU, and UCLA are not Sponsors of this Sweepstakes. Participants further agree to release and hold harmless Twitter, Instagram, the NCAA, ASU, and UCLA from and against any claim or cause of action arising out of participation in the Sweepstakes 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 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.

 15. Privacy

Information collected from Participants is subject to Sponsor’s privacy policy, which can be found at www.whataburger.com.

 16. Winner List

The name of the person with the winning Entry can 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.