Whataburger’s #WhataloveContest 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 RHODE ISLAND ARE NOT ELIGIBLE TO PARTICIPATE.
The #WhataloveContest (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
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. Winning a Prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
3. Contest Period
The Contest begins on February 1, 2018 at 12:00PM CST and ends on February 8, 2018 at 12:00PM 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 submit to Sponsor a photo of themselves on a date at Whataburger, along with a caption or story about the photo (a “Whataburger Date Night”). Each person submitting a photo with a caption or story of their Whataburger Date Night to Sponsor that complies with these Official Rules will be considered a “Participant”, and each photo with a caption or story of a Whataburger Date Night that complies with these Official Rules will be the “Submission”. If a dispute arises as to whom the Participant is (e.g., if multiple people appear in the photo), the Participant shall be deemed the person to whom the social media account is assigned by the applicable social media platform. Each Submission must be made in accordance with these Official Rules, including the Content Restrictions described below, during the Contest Period. Each Submission must also conform to the rules of the platform on which it is made (Facebook, Twitter, or Instagram). Only Submissions made during the Contest Period will be eligible to win a Prize in the Contest. All properly made Submissions will be automatically entered into the Contest. Submissions will not be acknowledged or returned.
Participants must make their Submissions to Sponsor via one of three social media platforms (Twitter, Instagram, and/or Facebook) tagging @Whataburger and using the hashtag #WhataloveContest. Submissions can only be made to Sponsor’s three social media platforms included 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 Contest Restrictions listed below. Limit one Submission per Participant, per social media platform.
5. Winner Selection
At the close of the Contest Period as specified above, all Submissions on Facebook, Instagram, and Twitter will be collected and judged by a panel of judges consisting of Sponsor’s Social Media Manager, Director of Digital Experience and Customer Care, VP of Corporate Communications, and Chief Operating Officer based on the following criteria:
- Originality and Creativity of Submission (60%);
- Caption or Story-Telling in the Submission (20%);
- Quality/Clarity of Detail in Submission (20%).
The judges will select the the winner with the highest-scoring Submissions from among all eligible Submissions received during the Contest Period. In the event of a tie, the Submission which received the highest score for the "Originality and Creativity of Submission" criterion, as determined by the judges, will be deemed the winner. If the “Originality and Creativity of Submission” criterion still results in a tie, then the Submission which received the highest score for the "Caption or Story-Telling in the Submission" criterion, as determined by the judges, will be deemed the winner. If the “Caption or Story-Telling in the Submission” criterion still results in a tie, then the Submission which received the highest score for the "Quality/Clarity of Detail in Submission" criterion, as determined by the judges, will be deemed the winner. 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.
Judging will be conducted under the direction of Sponsor, whose decisions are final and binding in all matters relating to the Contest.
6. Winner Notification
Sponsor will attempt to notify the potential winning Participants via direct message to the Participant’s social media account from which the applicable Submission was received. If any 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. Potential winning Participants 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 or elect to not award the Prize.
Three winners will be chosen as described in Section 5 above, for a total of three Prizes awarded. Each winner will receive Whataburger gift cards valued at $1,040.00 (each a “Prize”), which is approximately equivalent to the value of dinner for two at Whataburger once a week for one year (i.e., “Whataburger Date Nights for a Year”) depending on the cost of the actual items ordered for such meals. 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. Notwithstanding the foregoing, while a Participant may submit multiple Submissions, each Participant is only eligible to win at most one Prize (as defined herein).
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. 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 or other notice by which 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 the next highest scoring Participant may be selected as the alternate winning Participant, 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 Prizes to 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 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 Contest 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. The winning Participant may be required to sign a publicity release confirming the foregoing grant of rights to Whataburger prior to acceptance of a 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 or cause of action arising out of participation in the Contest, receipt or use of a Prize (including any travel or activity related thereto), or Sponsor’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). 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 winners, 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 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 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 Contest are the property of the respective trademark owners and are used for identification purposes only. This Contest is in no way sponsored, endorsed, administered by, or associated with such third parties unless specifically stated otherwise.
By participating in the Contest, Participants agree and acknowledge that Facebook, Twitter, and Instagram are not Sponsors of this Contest. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or Twitter. Participants further agree to release and hold harmless Facebook, Twitter, and Instagram 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 Sponsor 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 Participants with the winning entries will be posted on the Whataburger Facebook, Instagram, and/or Twitter accounts by 5:00PM CST on February 14, 2018, provided the applicable Participants have 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 60 days after the end of the Contest Period.