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 #WhataCoolerContest (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. How to Enter
To enter the Contest, an individual must submit an original photo of himself/herself with a Whataburger-branded YETI® product, along with a caption creatively explaining the photo, e.g., where it was taken, why it’s interesting, or the photo’s significance (the photo and caption collectively referenced as the “Submission”), through Whataburger’s social media accounts on Facebook, Twitter, or Instagram as follows:
All Submissions must be made pursuant to (i) the applicable social media platform’s terms, and (ii) 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 or tweeting a Submission will be considered a “Participant”. Limit one Submission per Participant, per social media platform, per day. Submissions will not be acknowledged or returned.
4. Submission Period
Only Submissions made between 12:00 pm CT on September 25, 2018 and 5:00 pm CT on October 2, 2018 (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 methods described in Section 3 below.
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 Experience Team based on the following criteria:
- Creativity of Photo (80%); and
- Quality and Clarity of Caption (20%).
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 Creativity of Photo shall be considered the higher scoring entry.In the event any Submissions remain tied (i.e., the Submissions have identical “Creativity of Photo” 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
The 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.
One winner will be chosen as described in Sections 5 and 6 above for a total of one prize awarded. The #WhataCoolerContest winner will receive a Whataburger Prize Pack consisting of the following items (collectively, the “Prize”), the total of which is valued at $670.00:
(a) Whataburger-branded YETI® Tundra® 45;
(b) Whataburger Sportula;
(c) Whataburger-branded YETI® 30 oz. Rambler® Tumbler;
(d) Assorted Whataburger ketchup and sauces;
(e) Whataburger camouflage hat; and
(f) 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 total value for the Whataburger-for-a-Year portion of the Prize is $260.
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
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 or tweeting 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 companies identified in Section 13 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 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 (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 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 YETI, Twitter, Instagram, or Facebook. Participants further hereby release and agree to hold harmless YETI, Twitter, Instagram, and Facebook 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.
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, which would cause the application of the laws of any jurisdiction other than the State of Texas.
16. Winner List
The name of the Participant with the winning Submission will be posted on the Whataburger social media profile pages Tuesday, October 9, 2018, or as soon thereafter as a winner of the Prize is determined in accordance with the procedures in Section 6 above. A list of winners 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.