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.   

THESE OFFICIAL RULES MAY BE POSTED IN ENGLISH AND SPANISH. IN THE EVENT THERE IS A DISCREPANCY OR INCONSISTENCY BETWEEN THE ENGLISH-LANGUAGE VERSION AND THE SPANISH-LANGUAGE VERSION OF THESE OFFICIAL RULES AND/OR OF ANY OTHER WRITTEN MATERIALS RELATED TO THE SWEEPSTAKES, THE ENGLISH-LANGUAGE VERSION PREVAILS, GOVERNS, AND CONTROLS.

The Whataburger 2025 WhataWedding Contest (the “Contest”) is sponsored by Whatabrands LLC, located at 300 Concord Plaza Dr., San Antonio, Texas 78216 (“Sponsor”).  Sponsor and its licensees, parent entities, 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 following states: Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Kansas, Louisiana, Mississippi, Missouri, Nevada, New Mexico, Oklahoma, South Carolina, Tennessee, and Texas, unless otherwise prohibited by law, who is at least 21 years old at the time of entry.   Employees of Sponsor, its franchisees (including PXP Operations (WB), LLC and PWB Holdings, LLC), 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.

 2.        Agreement to Official Rules

            By submitting a Submission, Participant (defined in Section 4, below) fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding. Winning the Prize is contingent upon Participant being compliant with these Official Rules and fulfilling all other requirements set forth herein.

 3.        Contest Period

            The Contest begins on December 18, 2024 at 10:00AM CT and ends on December 30, 2024 at 5:00PM CT (the “Contest Period”). Submissions made before or after the Contest Period will be disqualified. Submissions will be accepted online throughout the Contest Period using the method described in Section 4, below.

 4.        How to Enter

To enter the Contest, each eligible entrant must submit: (a) the entrant’s contact information as required by Sponsor, including first and last name, mailing address, email address, and phone number; (b) an original video between 30-45 seconds long describing your love story with your partner, your love for Whataburger, and why you and your partner would like to get married on Valentine’s Day (February 14, 2025) at the Whataburger location in Las Vegas, Nevada; and (c) a separate, clear photograph of the couple to be married (collectively, the “Submission”). Submissions must be made in the English language.  Submissions containing videos shorter than 30 seconds or longer than 45 seconds will be disqualified.  Each person submitting a Submission will be considered a “Participant”.

A Participant may only submit his or her Submission by following the instructions at stories.whataburger.com. Limit one Submission per Participant. Multiple Submissions by a Participant will be disqualified.  All Submissions must be made in accordance with these Official Rules, including the Content Restrictions listed below, and must be received during the Contest Period.  All properly made Submissions from eligible individuals will be automatically entered into the Contest.  Submissions will not be acknowledged or returned. Sponsor is not responsible for Submissions that are lost, late, misdirected, ineligible, and/or incomplete due to mail delivery service, computer or electronic malfunction, or other error.  Sponsor reserves the right to disqualify any Submission, at its sole discretion, that is not in compliance with these Official Rules.  In the event of a dispute concerning the identity of any Participant, the relevant Submission will be deemed submitted by the person whose name is provided when the Submission is made.  Standard messaging, cellular, or other communication-based rates may apply. Sponsor is not responsible for any messaging, cellular, or other communication-based charges incurred by Participant.  Check with your mobile or other service provider for more information.

5.         Winner Selection

            On or after January 6, 2025, and as set forth more fully below, Sponsor will select one potential winner. All Submissions made in accordance with these Official Rules during the Contest Period will be collected and judged based on the following criteria by a panel of three judges consisting of members of Sponsor’s Brand Communications Team:   

            (a)        Compliance with Submission requirements: 10%

(b)       Originality of Submission, including creativity of video: 35%

(c)        Connection to Whataburger Brand: 35%

(d)       Clarity of Submission: 20%

Using the foregoing criteria, the judges will determine the Submission with the highest total score, and the Participant with such highest score will be adjudged the potential winner.  

Ties in the total score, if any, will be broken first by determining the Submission that received the highest score for “Connection to Whataburger Brand”; and, if a tie remains, then by determining the submission that received the highest score for “Originality of Submission”; and, if a tie remains, then by determining the Submission that received the highest score for “Clarity of Submission”; and, if a tie remains, then by determining the earliest submitted Submission of the remaining tied Submissions, with each Submission’s time of submission being determined solely by reference to Sponsor’s records of submission receipt.  If a tie is broken at any of the foregoing stages such that a single Submission is determined to win the tie breaker, then the Participant who submitted that Submission would be the potential winner.  

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 on or before January 10, 2025 via the email address provided by Participant at the time of Submission.  To win the Contest, the potential winning Participant must fully comply with all terms and conditions of these Official Rules and must fulfill each of the following requirements: (a) provide documentation as may be requested by and in a form acceptable to Sponsor; and (b) complete and return the Prize Verification Forms (defined in Section 8 below).  If the potential winning Participant does not respond within 24 hours after the date of Sponsor’s first attempt to contact him or her, or fails to comply with all terms and conditions of these Official Rules, or fails to comply with requirements (a) and (b) of this Section 6, or declines the Prize (as defined below), or is disqualified for any reason, Sponsor may, in 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 the 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

Upon complying with the requirements of Section 6, the winning Participant (the “Winner”) will receive the following “Prize”:

(a)            Wedding ceremony and reception hosted by Sponsor beginning at 2:00 pm PT on February 14, 2025, at the Whataburger location at 3752 South Las Vegas Boulevard, Las Vegas, Nevada 89158

(b)           Round-trip, coach class air transportation for two people from the closest major airport to the Winning Participant’s home (as determined by Sponsor in its sole discretion) to Harry Reid International Airport in Las Vegas, Nevada (estimated value of $2,000.00)

(c)            Hotel accommodations, room and tax only, for two people, double occupancy, i.e., a single room, for three consecutive nights, i.e., check in February 12, 2025 with check out February 15, 2025, in Las Vegas, Nevada, at a hotel and room chosen at Sponsor’s sole discretion (estimated value of $1,500.00)

(d)           Custom well wishes book (estimated value of $500.00)

(e)            Bow tie (estimated value of $16.00)

(f)            Whataburger-branded heart charm (estimated value of $78.00)

(g)           Two wedding bands (estimated value of $250.00)

(h)           Whataburger socks (estimated value of $13.00)

(i)             Framed certificate (estimated value of $75.00)

(j)             $100.00 Whataburger gift card

(k)           Fancy/Spicy Yeti Bundle (two cups total) (estimated value of $92.00)

(l)             Legendary Trio Whatapack® of Whataburger sauces (estimated value of $9.00)

(m)          Flower bouquet (estimated value of $100.00)

(n)           Wedding cake (estimated value of $1,000.00)

(o)           Two pairs of Ugg slippers (estimated value of $200.00)

(p)           Officiant (estimated value of $150)

(q)           Photography (estimated value of $800)

(r)            Food and refreshments for up to 77 persons, i.e., up to 75 guests and the couple, with a cost not to exceed $15 per person (estimated value up to $1,155)

(s)            $500.00 gift card for incidental expenses

If fewer than 75 guests attend the wedding ceremony and reception, the Prize will only include food and beverages for the number of attending guests, and any remainder of the food and beverage portion of the Prize will be forfeited and shall not be subject to further or alternative compensation.

THE PRIZE DOES NOT INCLUDE ANY TRANSPORTATION, ACCOMMODATIONS, MEALS, CONCESSIONS, PHONE CALLS, BAGGAGE, GRATUITIES, INCIDENTALS, SOUVENIERS, GASOLINE, OR OTHER ITEMS OR COMPONENTS NOT EXPRESSLY LISTED ABOVE IN THIS SECTION 7, INCLUDING ANY FEES INCURRED IN CONNECTION WITH SECURING A MARRIAGE LICENSE OR ANY OTHER REQUIRED MATERIALS OR ACTS TO MAKE A MARRIAGE LEGALLY BINDING IN ANY JURISDICTION, AND  THE WINNER IS SOLELY RESPONSIBLE FOR ARRANGING AND PAYING FOR ALL SUCH MATTERS.  TO THE EXTENT THE WINNER WISHES FOR THE MARRIAGE TO BE LEGALLY RECOGNIZED, THE WINNER IS SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING TIMELY OBTAINING A MARRIAGE LICENSE, PRESENTING SUCH LICENSE TO THE OFFICIANT FOR SIGNATURE, AND ENSURING THE FILING OF SAME.

The total Prize value to be awarded to the Winner is undefined and incalculable until such time as the Winner is selected and his or her location is determined.  However, the value of the Prize elements listed in (a) through (s), above, is estimated to be approximately $8,538.00.  In addition, to the Prize elements listed in (a) through (s), above, Sponsor will also report to the Internal Revenue Service (the “IRS”) and withhold from the Winner and amount intended to assist the Winner with any federal tax obligations the Winner may incur related to the Prize (the “Tax Withholding”) once they are calculable.  The Tax Withholding is part of the Prize but will not be paid to the Winner.  Based on the current estimated value of the Prize elements listed in (a) through (s), above, the Tax Withholding would equal $2,408.00, bringing the total estimated Prize value to $10,946.00.  However, the actual Prize value will depend on the aggregate of the actual value of each of the Prize elements listed in (a) through (s), above, once travel is scheduled and paid, and the actual amount of the Tax Withholding will be calculated on that actual, aggregated value of the Prize elements listed in (a) through (s), above.

THE FOREGOING NOTWITHSTANDING, THE WINNER IS SOLELY RESPONSIBLE FOR REPORTING AND PAYING ANY FEDERAL OR STATE TAXES ASSOCIATED WITH OR INCURRED BY WINNER IN CONNECTION WITH THE WINNER’S RECEIPT OF THE PRIZE.  SPONSOR SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR THE TAXES, IF ANY, THAT MIGHT BE INCURRED IN CONNECTION WITH A WINNING PARTICIPANT’S RECEIPT OF THE PRIZE.  THE WINNER’S ACTUAL TAX LIABILITIES RELATED TO THE CONTEST COULD EXCEED THE TAX WITHHOLDING PORTION OF THE PRIZE.  SPONSOR WILL NOT PROVIDE ANY FURTHER ASSISTANCE TOWARD THE WINNER’S TAX OBLIGATIONS.

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 any other consideration.  Any difference between the stated fair market value and the final fair market value of the Prize will not be awarded. 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.  Sponsor will not replace any lost or stolen element of the Prize. SPONSOR AND ITS SUPPLIERS make no representations or warranties, express or implied, with respect to the Prize or any component of the Prize, all such representations and warranties being hereby disclaimed, including the implied warranties of merchantability and fitness for a particular purpose.

Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics, and the spread of infectious diseases, including without limitation COVID-19 (as defined by the World Health Organization and any of the strains, variants, or mutations thereof), and any related governmental or judicial actions, including travel restrictions, taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of Sponsor, whether or not existing, known, foreseen, or foreseeable at the time this Contest occurs or otherwise, render the redemption or fulfilment of some or all of the Prize delayed, hindered, adversely affected, impracticable, or impossible, Sponsor, in its sole and absolute discretion, reserves the right to evaluate and make modifications to the redemption and fulfilment processes and timelines for the Prize or any portion of the Prize.

8.         Prize Verification Forms

In addition to the other requirements stated in Section 6 above: (a) the Winner will be required to sign and return to Sponsor any legal documents that Sponsor may require to be adjudged the Winner, including tax forms and a Winner’s Affidavit, which may contain a liability release and a publicity release; and (b) the Winner’s fiancé will be required to sign and return to Sponsor a Non-Winning Participant Affidavit, which may contain a liability release and a publicity release.  All required documents, collectively, “Prize Verification Forms”, must be signed and returned within the amount of time specified in the email or other notice by which Sponsor delivers the Prize Verification Forms to the Winner.  If a potential winning Participant and/or his or her fiancé does not timely sign and return the Prize Verification Forms to Sponsor, or if the potential winning Participant 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 Submissions received or Sponsor may cancel the Contest in its sole discretion. A Participant is not the winner of the Contest until he or she (and his or her fiancé, as and to the extent applicable) complies with all requirements of these Official Rules, including signing and returning the Prize Verification Forms.

9.         General Conditions

            In the event that the operation, security, or administration of the Contest 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 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 does not constitute a waiver of that provision.

10.       Publication and License

By submitting a Submission, each Participant: (a) represents and warrants to Whataburger that the Submission is an original work and that 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, the Winner 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 Sponsor.  Nothing herein obligates Sponsor 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.

11.       Content Restrictions

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 guns, knives, or projectiles; and (j) any images of individuals under legal age of majority, except if Participant has obtained a signed release from such individual’s parent or legal guardian.  Any Submission with Restricted Content is 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 is 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 entities, subsidiaries, affiliates, franchisees, advertising and promotion agencies, any entities identified in Section 13, and any 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 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 Participant’s name, voice, statement, picture, or other likeness, or Whataburger’s use of the Submission as permitted hereunder (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 Contest, including lost, interrupted, or unavailable Internet Service Provider, network, server, wireless service provider, or other connections; or 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, language-translation, or typographical errors; (d) application downloads; (e) any other errors or problems in connection with the Contest, including errors that may occur in the administration of the Contest, the announcement of the Winner, or the processing of Submissions; (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 the Prize (including any travel or activity related thereto); or (g) any taxes associated with receipt of the Prize. Participant further agrees that in any cause of action the Released Parties’ liability will be limited to the lesser of $100 or Participant’s actual out-of-pocket cost of entering and participating in the Contest, and in no event shall Participant be entitled to recover or receive attorneys’ fees. The 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, including James Avery, Yeti, and Ugg, unless specifically stated otherwise.

 14.      Disputes

            Except where prohibited, Participant agrees that any and all disputes, claims, and causes of action arising out of or connected with the Contest or any Prize awarded must 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’s rights and obligations, or the rights and obligations of Whataburger in connection with the Contest or any Submission, are governed by and construed in accordance with the laws 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 Participant is subject to Sponsor’s privacy policy, which can be found at http://whataburger.com/home/privacypolicy.   

 16.      Winner List

            The name of the Winner can be obtained by sending a request identifying the Whataburger 2025 Whatawedding Contest 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 Contest Period.