Whataburger's WhataCostume Contest
Whataburger’s WhataCostume Contest
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 WhataCostume 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”.
The Contest may be entered by any legal resident of the 50 United States or the District of Columbia (unless otherwise excluded herein) who are 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 entering the Contest as specified in Section 3, below, Entrant (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 is contingent upon the Entrant 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: (a) sign in at the Whataburger booth at the Alamo City Comic Con on October 28, 2018, between 9:00 a.m. and 2:00 p.m.; (b) be present at the Whataburger Booth I at 2:00 p.m. on October 28, 2018, while wearing a Whataburger-themed costume (the “Costume”), which Costume will be judged in accordance with the criteria set forth in Section 4, below; and (c) remain present at the Whataburger Booth throughout the judging period until such time as a Winner is announced. Only a person complying with these entry requirements will be considered an “Entrant” of the Contest and potentially eligible to win. All Entrants agree to these Official Rules, including, without limitation, the Content Restrictions for any Costumes in accordance with the terms listed in Section 10, below.
4. Winner Selection
All Entrants present at the Whataburger Booth at 2:00 p.m. on October 28, 2018 will be judged by a panel of judges consisting of members of local San Antonio media outlets based on the following criteria:
- 60% Creativity of Costume
- 40% Incorporation of Whataburger-branded materials in Costume
Using the foregoing criteria, the judges will determine the Entrant with the highest total score and that Entrant will be the “Potentially Winning Entrant”.In the event of a tie, the Entrant with the highest score for Creativity shall be considered the higher scoring entry.In the event any Entrants remain tied (i.e., the Entries have identical “Creativity” scores), the Entrant’s Costume with the highest number of fully visible references to “Whataburger” will be considered the Potentially Winning Entrant.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 Entrants.
5. Winner Announcement
The Sponsor will select and inform the Potentially Winning Entrant at 2:30 p.m. on October 28, 2018, or immediately following conclusion of the judging, whichever is later. The Potentially Winning Entrant 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 7, below). If the Potentially Winning Entrant fails to comply with all terms and conditions of these Official Rules, fails to comply with requirements (a) and (b) of this Section 5, declines the Prize (as defined below), or is disqualified for any reason, Sponsor may, at its sole discretion select the next highest scoring Entrant as the “Alternate Potentially Winning Entrant”, who must then comply with all terms and conditions of these Official Rules and must fulfill each of the requirements set forth in this Section 5. Sponsor may continue selecting the next highest scoring Entrant as the Alternate Potential Winning Entrant until such time as an Entrant 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.
One winner will be chosen as described in Sections 4 and 5 above for a total of one prize awarded. The WhataCostume Contest winner will receive a “Prize” consisting of 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). The Prize is valued at approximately $192.00.
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.
7. Winner Verification and Prize Conditions
In addition to the other requirements stated in Section 5 above, the Potentially Winning Entrant (or his or her parents or legal guardians if the Potentially Winning Entrant is a Minor) or Alternate Potentially Winning Entrant, where applicable, 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 9 below (collectively, “Prize Verification Forms”), immediately upon delivery of the Prize Verification Forms to the Potentially Winning Entrant by the Sponsor. Failure to timely execute the Prize Verification Forms as requested by Sponsor will result in Entrant’s immediate disqualification from the Contest and forfeiture of any Prize that might otherwise have been awarded.
8. 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, 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 to the highest scoring Entrant as determined 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.
9. Publication and License
By entering the Contest, each Entrant: (a) represents and warrants to Whataburger that the Costume is an original work and that the Entrant has all necessary rights and authorizations to enter the Contest with the Costume and the express permission for all content and materials embodied in the Costume to enter the Contest and grants Whataburger the rights as provided herein; (b) represents and warrants to Whataburger that the Costume 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 capture images of the Entrant and the Costume, and to use, edit, modify, duplicate, license, and/or create derivative works from such images 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 Entrant 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 Entrant’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 7 above, the winning Entrant may be required to sign a publicity release and license confirming the foregoing grant of rights to Whataburger prior to acceptance of the Prize. Nothing herein will obligate Whataburger to make any use of any of the rights set forth herein.
10. Content Restrictions
Entrants must not include any of the following content (“Restricted Content”) in their Costume 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 or dangerous stunts; (h) anything that is libelous, hateful, or slanderous; and (i) anything that depicts or references tobacco, alcohol, drugs, or weapons of any kind, including, but not limited to, guns, knives, or projectiles. Any Costume that Sponsor determines includes Restricted Content shall be disqualified and ineligible to participate in or win the Contest. The determination of whether a Costume contains Restricted Content will be made in Sponsor’s sole and absolute discretion and Sponsor’s determination that a Costume is or contains Restricted Content shall be final and binding in all respects.
11. Release and Limitations of Liability
By participating in the Contest, Entrants agree to release and hold harmless Sponsor, and its parent, subsidiaries, affiliates, advertising and promotion agencies, judges, the companies identified in Section 12 below, 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 Entrant 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 Entrant’s name, voice, statement, picture, or other likeness 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; (b) unauthorized human intervention in the Contest; (c) 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 Entrant, or the processing of entries; or (d) 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 (including any travel or activity related thereto). Entrant further agrees that in any cause of action the Released Parties’ liability will be limited to the lesser of $100 or the Entrant’s actual out-of-pocket cost of entering and participating in the Contest, and in no event shall the Entrant 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. Entrant 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.
12. 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.
Except where prohibited, each Entrant 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, Entrant rights and obligations, or the rights and obligations of Whataburger in connection with the Contest 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. Winner List
The name of the Entrant with the winning Costume will be announced by Sponsor at 2:30 p.m. October 28, 2018, or as soon thereafter as a winner of the Prize is determined in accordance with the procedures in Sections 4 and 5, above. The name of the winning Entrant may also be posted on one or more of the Whataburger social media profile pages following the conclusion of the Contest. A Winner List 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 Contest.