Whataburger Xbox Loyalty Sweepstakes
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 Xbox Loyalty 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”.
Entries for the Sweepstakes may be submitted by any legal resident of the United States, unless otherwise prohibited by law, who is not a minor in his or her state of residence and is at least 16 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 31, 2022 at 12:01 a.m. CT (“Sweepstakes Start Date”) and continues through February 27, 2022 at 11:59 p.m. CT (the “Sweepstakes Period”).
4. How to Enter
To enter the Sweepstakes, each entrant must either: (a) submit an online order through the Whataburger ordering app to a participating Whataburger restaurant during the Sweepstakes Period (“Online Order Entry”); or (b) print your name, complete address, email, and telephone number on a standard 4” X 6” postcard and mail it to: ATTN: DXE Team/Marketing Department Whataburger Xbox Loyalty Sweepstakes, 300 Concord Plaza Dr., San Antonio, Texas 78216 (“Mail-In Entry”). Each Mail-In Entry must be individually postmarked and received within the Sweepstakes Period in order to be entered into the Sweepstakes. Mail-In Entries sent in bulk (e.g., multiple Mail-In Entries delivered under a single postmark or in a single package) will not be accepted and are not eligible to win the Sweepstakes. 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. Standard messaging, cellular, postage, or other communication-based rates may apply. Sponsor is not responsible for any messaging, cellular, postage, or other communication-based charges incurred by Participant. Check with your mobile or other service provider for more information.
Each person submitting either an Online Order Entry or a Mail-In Entry (collectively referred to as an “Entry”) in accordance with these Official Rules will be considered a “Participant”. 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., Facebook, 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 account used to enter.
5. Winner Selection
Sponsor will randomly select one winner for each week of the Sweepstakes for a total of four winners in accordance with the following drawing schedule:
First drawing: Held on or after February 8, 2022 for Entries received between the Sweepstakes Start Date and February 6, 2022 at 11:59 p.m. CT (the “First Drawing Cut-Off Date”);
Second drawing: Held on or after February 15, 2022 for Entries received between the Sweepstakes Start Date and February 13, 2022 at 11:59 p.m. CT (the “Second Drawing Cut-Off Date”);
Third drawing: Held on or after February 22, 2022 for Entries received between the Sweepstakes Start Date and February 20, 2022 at 11:59 p.m. CT (the “Third Drawing Cut-Off Date”); and
Fourth drawing: Held on or after March 1, 2022 for Entries received between the Sweepstakes Start Date and February 27, 2022 at 11:59 p.m. CT (the “Fourth Drawing Cut-Off Date”).
The First Drawing Cut-Off Date, the Second Drawing Cut-Off Date, the Third Drawing Cut-Off Date, and the Fourth Drawing Cut-Off Date are each individually a “Cut-Off Date” and collectively the “Cut-Off Dates.” For each drawing described above, one winner will be randomly selected from all qualifying Entries received during the Sweepstakes Period in advance of the applicable Cut-Off Date. All eligible Entries collected during the entire Sweepstakes Period up to the applicable Cut-Off Date will be eligible for the remaining drawings, if any, except that any Participant who wins a Prize during the Sweepstakes will not be eligible for any then-remaining drawings during the Sweepstakes. The drawings 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 prior to each Cut-Off Date. A Participant may only receive one Prize during the Sweepstakes. Any Participant selected as a potential winner of a drawing is ineligible to win any remaining drawings, even if such Participant fails to actually receive a Prize for any reason provided under these Official Rules.
6. Winner Notification
Sponsor will attempt to notify the potential winning Participants via email or telephone. The potential winning Participants 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 before the applicable Cut-Off Date or Sponsor may cancel the Sweepstakes in whole or in part (e.g., cancelling only the single affected drawing) in its sole discretion.
Four winners will be chosen as described in Sections 5 and 6 above for a total of four Prizes awarded. Each XBox Loyalty Sweepstakes winner will receive one Whataburger-branded Xbox® game console (each a “Prize”) valued at approximately $550 (value includes the Whataburger-branded Xbox® game console skin).
A Minor will not be allowed to receive a Prize without the proof of consent of the Minor’s parent or legal guardian and the parent or legal guardian’s complete acceptance of these Official Rules. No transfer, substitution, or cash equivalent for all or any portion of 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 a Prize or any portion of a Prize for one of equal or greater value for any reason. Whataburger AND ITS SUPPLIERS make no representations or warranties, express or implied, with respect to the PrizeS or any component of the PrizeS, all such representations and warranties being hereby disclaimed, including the implied warranties of merchantability and fitness for a particular purpose.
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, then 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 before the applicable Cut-Off Date or Sponsor may cancel the Sweepstakes in whole or in part (e.g., cancelling only the single affected drawing) 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, then 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 any remaining Prizes 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
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 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. 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 Participant or any third party as a result of participation in the Sweepstakes, acceptance, receipt, use or nonuse of a Prize (including any travel or activity related thereto), Whataburger’s use of Participant’s 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 a winner, or the processing of Entries; 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 Sweepstakes or acceptance, receipt, or misuse of a 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 Participant’s 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. 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 Microsoft Corporation is not a Sponsor of this Sweepstakes. Participants further agree to release and hold harmless Microsoft Corporation from and against any claim or cause of action arising out of participation in the Sweepstakes 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 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’s 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 that would cause the application of the laws of any jurisdiction other than the State of Texas to apply.
16. Winner List
The names of the persons with the winning Entries can be obtained by sending a request identifying the Whataburger Xbox Loyalty Sweepstakes with a self-addressed, stamped envelope to Whataburger, Attn: DXE Team/Marketing Department, 300 Concord Plaza Dr., San Antonio, Texas 78216. All requests must be received within 60 days after the Sweepstakes Period ends.