Whataburger’s #WhatafloatContest Official Rules
April 3, 2018 -- 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 #WhatafloatContest (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 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 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.
Nominees (defined in paragraph 4 below) must be active duty or reserve service members or veterans of the United States Army, Marine Corps, Navy, Air Force, Coast Guard, or National Guard. Sponsor may require proof of military service prior to declaring a winner and awarding the Prize.
2. Agreement to Official Rules
Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. A Nominee winning a Prize is contingent upon the Participant (defined in paragraph 4 below) being compliant with these Official Rules and the Nominee and Participant fulfilling all other requirements set forth herein.
3. Contest Period
The Contest begins on April 3, 2018 at 10:00AM CST and ends on April 10, 2017 at 5:00PM CST (the “Contest Period”). Submissions that are submitted 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 nominate an active duty or reserve service member or veteran of the United States Army, Marine Corps, Navy, Air Force, Coast Guard, or National Guard who has made a difference in that military member’s community. The nomination may be in text, audio, or video format, not more than 250 words long for text submissions and 60 seconds long for video or audio submissions, through Whataburger’s social media accounts at Twitter or Facebook, as further described below. Each person posting or tweeting a nomination will be considered a “Participant”, and each such nomination will be the “Submission”. The Submission should not include any personally identifying or contact information (i.e., the person’s full name, birthday, address, phone number, or e-mail address) with regard to the nominated service member (the “Nominee”), but may refer to the nominee by his/her first name only (or if the Nominee prefers, as either “Nominee” or “Service Member”), and the Submission may tag the Nominee’s social media account. The Submission should not include the Nominee’s image unless the Nominee has given the Participant express permission to include such image. Should the Submission be chosen as the winning Submission in accordance with paragraph 5, below, Sponsor may then contact the Participant directly for additional information regarding the identity of the Nominee so that Sponsor may contact the Nominee regarding the Contest and his/her selection as the potential Winner.
Submissions can only be made to Sponsor’s two social media accounts specified herein and must be made pursuant to (a) each of said social media platforms’ terms and conditions and (b) these Official Rules, including, without limitation, the Content Restrictions listed below.
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
One winning submission (“Winning Submission”) will be selected as follows: All Submissions made from April 3, 2018 at 10:00AM CST through April 10, 2018 at 5:00PM CST will be collected and judged by a panel of judges consisting of members of Sponsor’s Social Media Team based on the following criteria:
- Storytelling (70%);
- Creativity (30%);
Using that criteria, the judges will determine the Submission with the highest score during the Submission Period. The nominee from the top Submission will be the “Winner”. In the event of a tie, the Submission that received the highest score for Creativity shall be considered the higher scoring entry, and the Nominee from that Submission would be the Winner.
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. Participant and Winner Notification
Sponsor will attempt to notify the Participant who submitted the potential Winning Submission via direct message to the Participant’s social media account, at which time Sponsor will seek additional information regarding the Nominee’s name and contact information. If such Participant does not respond within 24 hours after the date of the first attempt to contact him or her and provide the necessary information from which Sponsor can contact Participant’s Nominee, Sponsor may select the next highest scoring Submission as the potential alternate Winning Submission. Likewise, if any potential Winner does not respond within 24 hours after the date of Sponsor’s first attempt to contact him or her, Sponsor may select the next highest scoring Submission as the potential alternate Winning Submission.
Participants and potential Winners 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 and/or that Participant’s Nominee declines the Prize (as defined below) or either is disqualified for any reason, Sponsor may, in its sole discretion, elect to award the Prize to the next highest scoring Submission, and that alternative Participant’s Nominee will be considered the Winner and receive the Prize if he or she complies with the terms and conditions of these Official Rules. Similarly, if a potential Winner is unable to travel to and attend at his or her own cost the Event described below, Sponsor may, in its sole discretion, elect to award the Prize to the next highest scoring Submission, and that alternative Participant’s Nominee will be considered the Winner and receive the Prize.
One Winner will be chosen as described in Sections 5 and 6 above for a total of one prize awarded.The Winner will receive four spots (one for the Winner and three more for his or her guests) on the Fort Sam Houston for Military Children’s Float sponsored by Whataburger at the Texas Cavaliers River Parade to be held on April 23, 2018 (the "Event"); a Whataburger gift bag that includes four Whataburger Fiesta medals (each valued at $10.00), a Whataburger t-shirt (valued at $20.00), a Whataburger-branded YETI® tumbler (valued at $43.00), and a $200.00 VISA® gift card, for a total prize value of up to $303.00 (collectively the “Prize”).Sponsor will not be liable to the Participant with the Winning Submission, the Winner, or the Winner’s guests if the Texas Cavaliers River Parade is cancelled or otherwise postponed.A Minor will not be allowed to participate in the Event as the Winner’s guest 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 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. Unused components of the Prize have no redeemable cash value. VISA® gift cards may have their own applicable rules and conditions regarding use for which Sponsor assumes no responsibility.
8. Winner Verification and Prize Conditions
The potential Winner 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 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 potential Winner. The potential Winner’s guests (and the parent or legal guardian of any Minor chosen as a potential Winner’s guest) will be required to sign and return to Sponsor any legal documents that Sponsor may require, including, but not limited to, an Accident Waiver and Release of Liability Form (which may contain a liability release and a publicity release) (“Guest Form”), within the amount of time specified in the email or other notice by which Sponsor delivers the Guest Forms to the potential Winner. A guest’s failure to return properly executed Guest Forms within the time allotted may bar the guest from riding on the Fort Sam Houston for Military Children’s Float during the Event. If a potential Winner does not timely sign and return the Prize Verification Forms to Sponsor, or chooses not to accept his or her Prize, such potential Winner will be disqualified, and the next highest scoring Submission may be selected as the alternate Winning Submission, or Sponsor may elect at its sole discretion not to award the Prize, or Sponsor may cancel the Contest in its sole discretion.
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 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, the Participant with the Winning Submission grants to Sponsor an irrevocable, perpetual, worldwide, royalty-free, unlimited, freely transferable license to print, publish, display, broadcast, distribute, reproduce, use, and otherwise exploit the 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. The Participant with the Winning Submission, the Winner, and the Winner’s guests 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; (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 obtains 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 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 Prize (including any travel or activity related thereto), 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 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 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 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 Contest 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 greater 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 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, reference in association with this promotion to VISA, which is a trademark of Visa International Service Association, and to YETI, which is a trademark of Yeti Coolers, LLC, is for prize identification purposes only and VISA and Yeti Coolers, LLC are not sponsors, endorsers, or administrators of, nor otherwise associated with, this promotion in any way.
By participating in the Contest, Participants agree and acknowledge that Twitter and Facebook are not sponsors of this Contest. This promotion is in no way sponsored, endorsed, or administered by, or associated with Twitter or Facebook. Participants further agree to release and hold harmless Twitter 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.
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, which would cause the application of the laws of any jurisdiction other than Texas.
16. Winner List
The names of the Participant with the Winning Submission and the Winner will be posted on the Whataburger social media profile pages within 48 hours of the Winner completing and returning the Prize Verification Forms. The names of the Participant with the Winning Submission and the Winner 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 Contest ends.