Whataburger’s #ServeMeFirstPromotion Sweepstakes 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 NEW YORK, FLORIDA, AND RHODE ISLAND ARE NOT ELIGIBLE TO PARTICIPATE.
The #ServeMeFirstPromotion 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”. Whataburger is proud to be opening a new location in Tuscaloosa, Alabama (the “Grand Opening”). To help raise awareness of the Grand Opening, Whataburger will give away one (1) Prize (as defined herein) at the end of the Sweepstakes Period (as defined herein).
Entries for the Sweepstakes may be submitted by any legal resident of the fifty (50) United States or the District of Columbia (unless otherwise excluded herein) who are at least thirteen (13) 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 June 11, 2018 at 9:00AM CST and ends on June 20, 2018 at 5:00PM CST (the “Sweepstakes Period”). Submissions will be collected from June 11, 2018 at 9:00AM CST through June 14, 2018 at 12:00PM CST (the “Submission Period”). Submissions that are submitted before or after the Submission Period will be disqualified. Submissions will be accepted online throughout the Submission Period using the methods described in Section 4 below.
4. How to Enter
To gain entry into the Sweepstakes, each Participant (as defined herein) must use the hashtag #ServeMeFirstPromotion on Facebook or Twitter in his or her posts or tweets related to the Grand Opening. Qualifying posts or tweets must be made during the Submission Period to be entered into the Sweepstakes.
Individuals posting messages or tweets in accordance with the above will be considered “Participants”, and such posts or tweets will be considered the “Submission”. Each Submission must be made in accordance with these Official Rules, including the Content Restrictions described below, during the Submission Period. Each Submission must also conform to the rules of the platform on which it is made (Facebook or Twitter). Only Submissions made during the Submission Period will be eligible to win a prize in the Sweepstakes. All properly made Submissions will be automatically entered into the Sweepstakes.
Submissions will not be acknowledged or returned.
5. Winner Selection
At the close of the Submission Period, all qualifying Submissions received during the Submission Period will be collected, and one (1) winner will be randomly selected from eligible Submissions. Drawings will be conducted under the direction of Sponsor, whose decisions are final and binding in all matters relating to the Sweepstakes.
6. Winner Notification
Sponsor will attempt to notify each potential winning Participant via direct message on the such individual’s Facebook or Twitter account. If the potential winning Participant does not respond within 24 hours after the date of the first attempt to contact him or her, Sponsor may select an alternate potential winning Submission in his/her place from the remaining non-winning, eligible Submissions pursuant to the terms of Section 4 of these Official Rules. 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 prize or is disqualified for any reason, Sponsor may award the applicable prize to an alternate Participant using these same procedures.
Each Participant is only eligible to receive one Prize.One (1) winner will be selected from the qualifying Submissions.The winner will receive the following:one (1) Whataburger T-shirt valued at $19.99, one (1) Yeti Whataburger tumbler valued at $45.99, one (1) Whataburger orange and white striped blanket valued at $24.99, one (1) Whataburger coffee mug valued at $12.99, and one (1) Whataburger key chain valued at $6.99 (“Whataburger Prize Pack”), as well as Whataburger-for-a-Year which is defined as a total of fifty-two (52) coupons, each for a single meat Whataburger® (add-ons, sides, drinks, and other items not included)), a value of up to $260.00 (“Whataburger-for-a-Year”).The Whataburger Prize Pack and Whataburger-for-a-Year (collectively the “Prize”) have a combined value of up to $370.95.A Minor will not be allowed to receive any 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 the prize is allowed except at Sponsor’s sole discretion. The prize is non-transferable and may not be given, bartered, substituted, sold, or exchanged for cash or another prize. Unused components of the 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
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 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 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 his/her prize, such potential winning Participant will be disqualified, and another potential winning Participant may be selected from the remaining eligible Submissions received or Sponsor may cancel the Sweepstakes 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 Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect Submissions 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 attorneys 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
By posting 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 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 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 has obtained 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 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 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 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 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 the winner, 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 Sweepstakes or acceptance, receipt or misuse of the 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 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
By participating in the Sweepstakes, Participants agree and acknowledge that Facebook and Twitter are not Sponsors of this Sweepstakes. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Twitter. Participants further agree to release and hold harmless Facebook and Twitter from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the 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 rights and obligations, or the rights and obligations of Whataburger in connection with the Sweepstakes 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, which would cause the application of the laws of any jurisdiction other than Texas.
16. Winner List
The person(s) with the winning entries will be posted on the Whataburger Facebook and Twitter accounts by 5:00PM CST on June 20, 2018, provided the potential winners and the applicable Participants completed all necessary Prize Verification Forms, including parent or legal guardian signatures, if applicable. 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 sixty (60) days after the Sweepstakes ends.