Whataburger’s #WhatabigIdeaContest 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 AND RHODE ISLAND ARE NOT ELIGIBLE TO PARTICIPATE.
The #WhatabigIdeaContest (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”.
Submissions for the Contest may be submitted only by Qualified Students (defined in Section 1(a) below). 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 or win 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 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.
(a) “Qualified Student” means, at the time the applicable Submission is submitted, a person who is at least 13 years old and is either: (i) a 2018 graduating senior at a high school that is physically located in a Contest State (defined in Section 1(b) below) and who has been accepted to any institution or program included within The Database of Accredited Postsecondary Institutions and Programs dated 04/2017 located at https://ope.ed.gov/accreditation/ GetDownLoadFile.aspx (“Accredited Institution”) or (ii) a current undergraduate or graduate student at an Accredited Institution that is physically located in a Contest State and at which the student will be enrolled in classes during the summer or fall of 2018. Sponsor may require proof of school attendance and/or college acceptance prior to declaring Winners and awarding Prizes.
(b) “Contest State” means any of the following: Alabama, Arizona, Arkansas, Florida, Georgia, Louisiana, Mississippi, New Mexico, Oklahoma, or Texas.
2. Agreement to Official Rules
By submitting a Submission, Participant (defined in Section 4 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 May 7, 2018 at 10:00AM CT and ends on May 31, 2018 at 5:00PM CT (the “Contest Period”). Submissions made before or after the Contest Period will be disqualified. Submissions will be accepted online throughout the Contest Period using the methods described in Section 4 below.
4. How to Enter
To enter the Contest, individuals must submit a commencement speech or other original work about a “big idea” that could positively change the world (the “Submission”). Each person posting or tweeting a Submission will be considered a “Participant”. Participants may choose the medium of entry (the “Medium”) from one of the following: (a) a video of no more than 90 seconds (videos longer than 90 seconds will be disqualified); (b) an original photograph, image, painting, or drawing; or (c) text of no more than 280 characters (text longer than 280 characters will be disqualified). The Medium of the Submission will dictate the “Contest Category” in which the Participant will be competing. The “Valedictorian” Contest Category will be for Submissions submitted in the Medium described above in part (a) of this paragraph (i.e., videos); the “Salutatorian” Contest Category will be for Submissions submitted in the Medium described above in (b) of this paragraph (i.e., photographs, images, paintings, or drawings); and the “Scholar” Contest Category will be for Submissions submitted in the Medium described above in (c) of this paragraph (i.e., text).
A Participant must include with the Submission the Participant’s first name and the Contest State in which the Participant is attending high school or college that qualifies the Participant as a Qualified Student. Participants who are 2018 graduating seniors should identify the Contest State in which their high school is physically located. Participants who are current undergraduate students at an accredited college should identify the Contest State in which their college is physically located. The Participant’s specification of his or her Contest State will determine into which of the following “Regions” the Submission will be placed for the purpose of judging as set forth in Section 5 below: the “Texas Region”, which consists of Texas; the “East Region”, which consists of Alabama, Arkansas, Louisiana, Georgia, Florida, and Mississippi; or the “West Region”, which consists of Arizona, New Mexico, and Oklahoma. If the Participant is unable to prove that he or she is a Qualified Student in the Contest State indicated in his or her Submission, such Submission will be disqualified, even if the Submission would have been eligible in another Region if the Participant had properly indicated the proper Contest State.
A Participant may only submit his or her Submission through one of Whataburger’s social media accounts on Facebook, Twitter, or Instagram with the required hashtag #WhatabigIdeaContest, or may be directly uploaded onto Whataburger’s What’s Cookin’ web site at https://stories.whataburger.com/. Submissions must be made pursuant to (a) the applicable social media platform’s terms and conditions or the terms and conditions linked from the What’s Cookin’ web site, and (b) these Official Rules, including, without limitation, the Content Restrictions listed below.
(iv) On the What’s Cookin’ web site, Participants must upload their Submissions by following the instructions at bit.ly/WhatabigIdea.
Each Submission must be made in accordance with these Official Rules during the Contest Period. Only Submissions made during the Contest Period will be eligible to win. All properly made Submissions from eligible individuals will be automatically entered into the Contest. Submissions will not be acknowledged or returned.
5. Winner Selection
Sponsor will select one “Winner” per Contest Category in each Region, for a total of up to nine Winners. While a Participant may submit multiple Submissions within his or her Region in one or more Contest Categories, each Participant is only eligible to win, at most, one Prize. Should a Participant be the Finalist (as defined below) in multiple Contest Categories, he or she will be considered the Finalist for only the Contest Category with the Prize with the greatest monetary value within the multiple Contest Categories for which he or she would be the Finalist.
All Submissions made in accordance with these Official Rules during the Contest Period will be collected and judged by a panel of judges consisting of members of Sponsor’s Social Media Team based on the following criteria:
(a) Submissions within the Valedictorian category:
- Presentation, including content relevence and creativity (70%)
- Story Telling (30%)
(b) Submission within the Salutatorian category:
- Creativity (80%)
- Messaging (20%)
(c) Submissions with the Scolar category:
Using the criteria corresponding to the applicable Contest Category, the judges will determine the Submission with the highest total score for each Contest Category in each Region. The highest scoring Submission for each Contest Category in each Region will be a “Finalist”.
Ties in the total score in the Valedictorian category in a given Region will be broken first by determining the Submission in that Region that received the highest score for Presentation; and if a tie remains, then by determining the Submission in that Region that received the highest score for Story Telling; and if a tie remains, then by determining the earliest submitted Submission of the remaining tied Submissions. If a tie is broken at any of the foregoing stages such that a single Submission is determined to win the tie breaker, then the Participant who submitted that Submission would be the Finalist in the Valedictorian category in the applicable Region.
Ties in the total score in the Salutatorian category in a given Region will be broken first by determining the Submission in that Region that received the highest score for Creativity; and if a tie remains, then by determining the Submission in that Region that received the highest score for Messaging; and if a tie remains, then by determining the earliest submitted Submission of the remaining tied Submissions. If a tie is broken at any of the foregoing stages such that a single Submission is determined to win the tie breaker, then the Participant who submitted that Submission would be the Finalist in the Salutatorian category in the applicable Region.
Ties in the total score in the Scholar category in a given Region will be broken first by determining the Submission in that Region that received the highest score for Creativity; and if a tie remains, then by determining the Submission in that Region that received the highest score for Grammar; and if a tie remains, then by determining the earliest submitted Submission of the remaining tied Submissions. If a tie is broken at any of the foregoing stages such that a single Submission is determined to win the tie breaker, then the Participant who submitted that Submission would be the Finalist in the Scholar category in the applicable Region.
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 one or more Winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
6. Finalist/Winner Notification
Sponsor will attempt to notify the Finalists via direct message to each Finalist’s social media account. To win the Contest, Finalists must fully 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; (b) provide documentation as may be requested by and in a form acceptable to Sponsor establishing Finalist as a Qualified Student; and (c) completing and returning the Prize Verifications Forms (defined in Section 8 below). Upon receipt and verification of the accuracy of all documentation required by Sponsor within the specified time period, a Finalist shall be adjudged the “Winner” of the Contest Category within the applicable Region. If any Finalist does not respond within 24 hours after the date of Sponsor’s first attempt to contact him or her, or fails to comply with all terms and conditions of these Official Rules, or fails to comply with requirements (a) through (c) of this Section 6, or declines the Prize (as defined below), or is disqualified for any reason, Sponsor may, in its sole discretion, select the next highest scoring Submission within the particular Contest Category for the applicable Region as the potential alternate Finalist. Sponsor may continue selecting the next highest scoring Submission within the particular Contest Category for the applicable Region as the potential alternate Finalist until such time as a Finalist is adjudged a Winner as set forth in this paragraph, or Sponsor may elect at its sole discretion not to award the applicable Prize, or Sponsor may cancel the Contest in its sole discretion for the applicable Contest Category in the applicable Region.
One Winner will be chosen for each Contest Category in each Region as described in Sections 5 and 6 above, for a total of nine Prizes awarded (i.e., three Prizes in the Valedictorian category, one in each Region; three Prizes in the Salutatorian category, one in each Region; and three Prizes in the Scholar category, one in each Region).The Winners for the applicable Contest Category in each Region will receive the following “Prizes”:
(a) Valedictorian category: $5,000 plus “Whataburger-for-College”, which is defined as a total of 208 coupons, each for a single meat Whataburger® sandwich (note the add-ons to the sandwich, as well as sides, drinks, and other items are not included in the definition of Whataburger-for-College). The total value for the Whataburger-for-College portion of the Prize is $1,040, for a total Prize value of $6,040 in the Valedictorian category.
(b) Salutatorian category: $1,000
(c) Scholar category: $500
No transfer, substitution, or cash equivalent for all or any portion of the Prize is allowed except at Sponsor’s sole discretion. Each 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. Unused components of the Prize have no redeemable cash value.
8. Prize Verification Forms
In addition to the other requirements stated in Section 6 above, Finalists (or their parents or legal guardians if the Finalist is a minor in the applicable Contest State) 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 (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 Finalist.
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 Prizes based on the highest scoring Submissions 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, each Winner 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 Winner may be required to sign a publicity release 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 (except to the limited extent that the Participant’s “big idea” to positively change the world involves solving social, health, legal, or community issues caused by such things (e.g., a Participant may reference drug abuse as part of his or her “big idea” to combat drug abuse)); 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, 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 Prizes, 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 Winners, 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. 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 Contest, Participants agree and acknowledge that this promotion is in no way sponsored, endorsed, or administered by, or associated with Twitter, Instagram, or Facebook. Participants further hereby release and agree to hold harmless 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 any 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
The names of the Winners will be posted on the Whataburger social media profile pages on June 21, 2018. The names of the 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 Contest Period.