Whataburger March Fryness Contest 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 Whataburger March Fryness 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”.
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 are at least 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
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 is contingent upon the Participant being compliant with these Official Rules and fulfilling all other requirements set forth herein.
3. Contest Period
The Contest begins on Tuesday, March 5, 2019 at 2:00 PM CT and ends on March 26, 2019 at 11:59 PM CT (the “Contest Period”). As further described below, Sponsor may post up to three individual trivia questions on Whataburger’s official Snapchat page (each a “Question”) at various times over the course of each Tuesday during the Contest Period. Sponsor will begin accepting Submissions (as defined and further discussed in Section 4) for each individual Question immediately upon Sponsor’s posting of such Question and will continue to accept Submissions for such Question until the earlier of the following: (a) the First Correct Answer (as defined in Section 5) has been received by Sponsor, or (b) 11:59 PM CT on the Tuesday on which the Question was first posted. In the event the First Correct Answer to a Question is received prior to 11:59 PM CT on the Tuesday during which the Question was posted, Sponsor may then post another Question for which it will begin accepting Submissions on the same basis as specified in the preceding sentence. In no event will Sponsor post more than three Questions on any Tuesday during the Contest Period. Answers to Questions submitted outside of the Contest Period or after the First Correct Answer has been received by Sponsor are not eligible to win a Prize.
4. How to Enter
Each Submission must be made in accordance with these Official Rules. To enter the Contest, individuals must attempt to correctly answer the applicable Question by sending a text response or video response to Whataburger’s official Snapchat page. Subject to all of the other provisions of these Official Rules, a person who answers a Question will be considered a “Participant”, and that person’s answer submitted to Whataburger’s official Snapchat page within the Contest Period will be the “Submission”. Submissions can only be made via Whataburger’s official Snapchat page, either in a text response or in a video response to the applicable Question posted by Sponsor. Each Submission must contain only a single answer and respond to a single Question. Any purported Submission that includes multiple answers will be disqualified. Submissions will not be acknowledged or returned.
5. Winner Selection
As Submissions are received by Sponsor, the Submission will be judged by one or more members of the Whataburger Social Media Team as either correct or incorrect. The first Submission received for the applicable Question that is judged correct (the “First Correct Answer”), and for which Submission the potential winning Participant fully complies with these Official Rules, including those contained in Section 8, will be the “Winning Submission” for the applicable Question. If a Submission is made via text, the answer in the Submission must be spelled correctly to be considered correct. If a Submission is made via video or audio, the answer in the Submission must be pronounced correctly to be considered correct. Each Participant that submitted a Winning Submission for a Question and fully complies with these Official Rules will receive a Prize, for a total of up to 12 Prize winners, i.e., there will be only a single winning Participant per Question. Notwithstanding the foregoing, while a Participant may submit multiple Submissions, each Participant is only eligible to win, at most, one Prize. Incorrect Submissions, or answers to Questions received by Sponsor outside of the Contest Period or after a First Correct Answer has been received by Sponsor, will not receive a Prize regardless of whether the Participant who submitted the First Correct Answer fully complies with the Official Rules, including Section 8 below.
6. Winner Notification
The Sponsor will attempt to notify each potential winning Participant via direct message to the potential winner’s social media account after his or her Submission is judged to be the First Correct Answer. To win the Contest, the potential winning Participant 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 winning Participant declines the applicable Prize or is disqualified for any reason, Sponsor may, in its sole discretion, elect to award the applicable Prize to another 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.
No more than one winning Participant per Question will be chosen, as described in Section 5 above, for a total of up to 12 Prizes awarded. Each winning Participant will receive a gift card valued at $150 (each a “Prize”), which is approximately equivalent to the value of the cost of 52 orders of medium french fries (i.e., “Whataburger Fries-for-a-Year”).
Once a potential winning Participant has submitted all required Prize Verification Forms (as defined in Section 8), Sponsor will send a Prize to that winning Participant. 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. Notwithstanding anything to the contrary in these Official Rules, a Participant is only eligible to win, at most, one Prize no matter how many correct answers such Participant submits to any one or more Questions.
No transfer, substitution, or cash equivalent for all or any portion of a Prize is allowed except at Sponsor’s sole discretion. A Prize or any portion of a Prize is non-transferable and may not be given, bartered, substituted, sold, or exchanged for cash or another Prize. Unused components of a 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
In addition to the other requirements in Section 6 above, the 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 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.
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 Prizes only to those Winning Submissions verified under these Official Rules 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 submitting 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, each winning Participant of the Contest 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. Each winning Participant may be required to sign a publicity release confirming the foregoing grant of rights to Whataburger 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 the Participant 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 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 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 winning Participants, 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 a Prize (including any travel or activity related thereto). Each 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. Each 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.
By participating in the Contest, Participants agree and acknowledge that Snapchat is not a sponsor of this Contest, nor is this promotion in any way sponsored, endorsed or administered by, or associated with Snapchat, or any other third party provider through which Whataburger may choose to announce or promote this promotion, such as Facebook, Twitter, or Instagram. Participants further agree to release and hold harmless Snapchat (and, to the extent applicable, Facebook, Twitter, and Instagram) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of a Prize.
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 that would cause the application of the laws of any jurisdiction other than Texas.
16. Winner List
A list of winners 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 such requests must be received within 60 days after the Contest ends.