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 BY LAW AND OUTSIDE OF THE UNITED STATES.  LIMIT ONE ENTRY PER PARTICIPANT PER MONTHLY ENTRY PERIOD.

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.

PARTICIPATION IN THE SWEEPSTAKES REQUIRES ACCEPTANCE OF THESE OFFICIAL RULES, WHICH INCLUDE A CLASS ACTION WAIVER (SEE SECTION 14). IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, YOU MAY NOT PARTICIPATE IN THIS SWEEPSTAKES.

The Whataburger’s 75^th Anniversary 75,000 Points 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”.

 1.        Eligibility

            Except as otherwise provided in these Official Rules, entries for the Sweepstakes may be submitted by any legal resident of the United States, unless otherwise prohibited by law, who has a MyWhataburger Loyalty and Rewards Program (the “Rewards Program”) account (a “Rewards Program Account”) and who is not a minor in his or her state of residence at the time of entry.  It is free to create a Rewards Program Account.  If you do not already have a Rewards Program Account, you can sign up at https://whataburger.com/home (click on “Sign up”) and follow the steps provided.  It is also free to download the Whataburger online ordering app (available on Google Play or the App Store). 

            Employees of Whataburger, its franchisees, and 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. 

 2.        Agreement to Official Rules

            Participation in the Sweepstakes constitutes your 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. Sponsor reserves the right to verify the eligibility of winner.

 3.        Sweepstakes Period

The Sweepstakes begins on April 1, 2025 at 12:00 a.m. CT and continues through August 31, 2025 at 11:59 p.m. CT (the “Sweepstakes Period”). The Sweepstakes Period consists of five, separate monthly periods (each a “Monthly Entry Period”), which are set forth in the chart below. All Entries (as defined below) for each Monthly Entry Period must be received between the Start Date and the End Date listed below for the respective Monthly Entry Period in order to be eligible for that Monthly Entry Period’s drawing.  Proof of sending or submission of a purported Entry is not proof of receipt by Sponsor.  Each purported Entry’s actual receipt and time of submission is determined solely by reference to Sponsor’s records of if and when it received that purported Entry.  Any purported Entries submitted or received, as applicable, after the applicable deadline for such an Entry are not eligible.  Non-winning entries from one MONTHLY Entry Period will NOT BE ENTERED into subsequent MONTHLY Entry Periods.

   4.      How to Enter

            There are two ways to enter the Sweepstakes. Each method requires both a Rewards Program Account and access to the internet.  To enter the Sweepstakes, you must either: (a)(1) log into your Rewards Program Account on the Whataburger website (http://whataburger.com/home) or via the Whataburger ordering app and (2) submit an online order or mobile order, completing both steps (1) and (2) during the applicable Monthly Entry Period (“Online Order Entry”); or (b) send an email that contains (1) your name, (2) your e-mail address, (3) your complete mailing address, (4) your Rewards Program Account number, and (5) your phone number to sweepstakes@wbhq.com with the subject line “Whataburger’s 75^th Anniversary 75,000 Points Sweepstakes Entry” (each an “Email Entry”).  Email Entries not conforming to these Official Rules will be disqualified. 

            All purported Entries become the property of Sponsor and will not be acknowledged or returned.  Only Entries made in accordance with the procedures and timing set forth in these Official Rules will be eligible to win the Sweepstakes.  All properly submitted and qualifying Entries will be automatically entered into the Sweepstakes. 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.

            Each person submitting either a qualifying Online Order Entry or an E-Mail Entry (collectively referred to as an “Entry”) in accordance with these Official Rules will be considered a “Participant”.  Upon compliance with all of the above requirements for submitting an Entry, Participant will automatically receive one Entry into the Sweepstakes for the applicable Monthly Entry Period based on the corresponding Online Order Entry or E-Mail Entry.  

            A Participant who wins a Prize for a Monthly Entry Period is no longer eligible to participate in the Sweepstakes for any remaining Monthly Entry Periods, and any attempted Entries BY SUCH PARTICIPANT for such remaining Monthly Entry Periods are void, disqualified, and will not be included in the drawing for the remaining Monthly Entry Periods.

            Sponsor 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.  Sponsor reserves the right to disqualify any Entry, at its sole discretion, that is not in compliance with these Official Rules.  Entries must be submitted by Participant only.  Automated or bulk Entries or Entries submitted by third parties will be disqualified.  Any attempt by Participant to obtain more than the stated number of Entries by using multiple and/or different identities, forms, registrations, email addresses, login, or other methods will void all such Entries, and Participant may be disqualified from participating in the Sweepstakes at Sponsor’s discretion.  Multiple Participants are not permitted to share the same email address or Rewards Program Account. 

            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.  The authorized account holder is the natural person assigned to the email address (or mobile number, as applicable) by an Internet access provider, online service provider, or mobile phone provider, or other organization responsible for assigning email addresses (or mobile numbers) that is registered to the Rewards Program Account.  Potential Monthly Winning Participants (defined below) may be required to show proof to Sponsor of being the authorized account holder or forfeit the Prize.  If a dispute over who is the authorized account holder cannot be resolved to Sponsor’s reasonable satisfaction, the Entry will be disqualified.  Entries specifying an invalid, non-working, or inactive email, phone number, or Rewards Program Account (as applicable) will be disqualified and ineligible to win.

5.         Winner Selection

            On or after the Monthly Drawing Date (as specified in the chart in Section 3, above), all Entries received during the corresponding Monthly Entry Period will be collected, and one potential monthly winning participant will be randomly selected from those Entries (the “Potential Monthly Winning Participant”) for a total of six Potential Monthly Winning Participants (i.e., one Potential Monthly Winning Participant per Monthly Entry Period during the Sweepstakes Period).  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 each Monthly Entry Period.    

 6.        Winner Notification

                Sponsor will attempt to notify each Potential Monthly Winning Participant via the ordering app’s push notification, an in-app message, or an e-mail sent to the e-mail address associated with the applicable Rewards Program Account.  It is Participant’s responsibility to monitor his or her Rewards Program Account and email, as applicable, to see if he or she is a Potential Monthly Winning Participant.  Sponsor is not responsible or liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify a Potential Monthly Winning Participant.

Each Potential Winning Participant 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 Monthly Winning Participant cannot be contacted or does not respond within the designated period of time, such Potential Monthly Winning Participant will be disqualified and another Potential Monthly Winning Participant may be selected using the same procedures stated above from the remaining eligible Entries received.  Up to three alternate drawings per Monthly Entry Period will be conducted, after which the Prize for the applicable Monthly Entry Period will remain un-awarded.

ALL POTENTIAL MONTHLY WINNING PARTICIPANTS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.  A POTENTIAL MONTHLY WINNING PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL HIS/HER ELIGIBILTY HAS BEEN VERIFIED, THE PARTICIPANT HAS EXECUTED ALL REQUIRED PRIZE VERIFICATION FORMS, AND THE POTENTIAL MONTHLY WINNING PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATON IS COMPLETE. ONCE A POTENTIAL MONTHLY WINNING PARTICIPANT HAS COMPLIED WITH ALL THE CONDITIONS HEREIN AND THE PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED, THE POTENTIAL MONTHLY WINNING PARTICIPANT WILL BE DECLARED A “MONTHLY WINNER”.

 7.        Prize

One Monthly Winner will be chosen as described in Sections 5 and 6 above for each Monthly Entry Period for a total of six Monthly Winners for the Sweepstakes.  Each Monthly Winner will receive 75,000 MyWhataburger Points (the “Prize”).  Points awarded as a part of the Prize are subject to the terms of the Rewards Program (see here for terms).  Any MyWhataburger Points awarded as part of the Prize will expire 18 months after they are deposited into the Monthly Winner’s Rewards Program Account if not redeemed before that date.

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 another Prize.  MyWhataburger Points have no cash value, and 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.  Whataburger 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.

8.         Winner Verification and Prize Conditions

Each Potential Monthly 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 Monthly Winning Participant.  If a Potential Monthly Winning Participant does not timely sign and return the Prize Verification Forms to Sponsor, or chooses not to accept the Prize, such Potential Monthly Winning Participant will be disqualified, and another Potential Monthly Winning Participant may be selected using the same procedures stated above from the remaining eligible Entries received or Sponsor may cancel the monthly 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, the 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 monthly drawing or the Sweepstakes, as a whole, and, in the event of termination, award the some or all of the remaining Prize(s) at random from among the eligible, non-suspect Entries received up to the time of the impairment, with such award(s) being solely within Sponsor’s discretion. 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. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

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.

10.       Publication and License

Each Monthly Winner 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.  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 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 me or any third party as a result of participation in the Sweepstakes, acceptance, receipt, use or nonuse of the prize (including any travel or activity related thereto), Whataburger’s use of my 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 access or 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 the winner, or the processing of Entries; (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 Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto); or (g) any taxes associated with acceptance, use, or receipt of the Prize. The Released Parties are not responsible if any Prize cannot be awarded due to travel cancellations, delays, or interruptions due to acts of God, acts of war, natural disasters, weather, or terrorism.

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 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. Without limiting the foregoing, everything regarding this Sweepstakes, including any website, app, and all Prizes (and components thereof), are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  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. 

 14.      Disputes

            Except where prohibited, each Participant agrees that: (a) 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; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  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 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, which would cause the application of the laws of any jurisdiction other than the State of Texas.

 15.      Privacy

            Information collected from Participants is subject to Sponsor’s privacy policy, which can be found at https://whataburger.com/home/privacypolicy.

 16.      Winner List

            The names of the persons with the winning Monthly Entries can be obtained by sending a request identifying the Whataburger’s 75^th Anniversary 75,000 Points 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 ends.