Whataburger's WhataWedding Contest Official Rules
JAN. 17, 2020 -- 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 WhataWedding Contest (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 over the age of majority, i.e., not a minor, in their state of residence at the time of entry. Employees of Whataburger or any other companies or persons associated with the promotion, operation, or judging 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 or person, 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.
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 January 17, 2020 at 10:00AM CT and ends on February 2, 2020 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 method described in Section 4, below.
4. How to Enter
To enter the Contest, individuals must submit: (1) contact information as required by Sponsor including, but not limited to first and last name, email, and phone number; (2) an original essay of no more than 500 words describing your love story and why you and your partner would like to get married on Valentine’s Day (February 14, 2020) at Whataburger; and (3) a clear photograph of the couple to be married (collectively, the “Submission”). Submissions containing essays of more than 500 words will be disqualified. Each person submitting a Submission will be considered a “Participant”. At the time of Submission, each Participant must select from one and only one of the proposed Wedding Sites, and Participant’s selection will be judged against all other valid Submissions received by Sponsor for that specific Wedding Site as set forth in Section 5, below. “Wedding Sites” are more fully identified as the following Whataburger restaurants:
(a) Corpus Christi: 121 N. Shoreline Blvd., Corpus Christi, Texas 78401
(b) San Antonio: 3839 E. 1604, North St., Converse, Texas 78109
(c) College Station: 451 Wellborn Rd., College Station, Texas 77840
(d) Dallas (Grand Prairie): 930 E. I-30, Grand Prairie, Texas 75050
(e) Fort Worth: 2209 N. Tarrant Pkwy, Fort Worth, Texas 76177
(f) Houston: 1110 Silber Rd., Houston, Texas 77055
A Participant may only submit his or her Submission by following the instructions at www.weddingatwhataburger.com. All Submissions must be made pursuant to these Official Rules, including, without limitation, the Content Restrictions listed below. Limit one Submission per Participant. Multiple Submissions by a Participant will be disqualified. Participant’s 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
On February 4, 2020, and as set forth more fully below, Sponsor will select one “Site Winner” per Wedding Site, for a total of up to six Site Winners. 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 Brand Communications Team based on the following criteria:
(a) Compliance with Submission requirements: 10%
(b) Originality of Submission, including creativity of essay and connection to Whataburger brand: 70%
(c) Clarity of Submission: 20%
Using the foregoing criteria, the judges will determine the Submission with the highest total score for each Wedding Site, and the Participant with such highest score will be adjudged a Site Winner.
Ties in the total score for each Wedding Site, if any, will be broken first by determining the Submission that received the highest score for Originality of Submission; and, if a tie remains, then by determining the Submission for that Wedding Site that received the highest score for Clarity of Submission; 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 Site Winner for the applicable Wedding Site.
Sponsor will then compare total scores for each of the Site Winners. The highest scoring Site Winner Submission will be the “Grand WhataWedding Winner”. There will be a total of one Grand WhataWedding Winner. Any ties in the total scores when determining the Grand WhataWedding Winner will be broken first by determining the Submission that received the highest score for Originality of Submission; and, if a tie remains, then by determining the Submission that received the highest score for Clarity of Submission; 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 Grand WhataWedding 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 one or more Site Winners or Grand WhataWedding Winner (collectively “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 potential winning Participants between February 4, 2020 through February 7, 2020, via the email provided by Participant at the time of Submission. To win the Contest, the potential Winning Participants must fully comply with all terms and conditions of these Official Rules and must fulfill each of the following requirements: (a) provide documentation as may be requested by and in a form acceptable to Sponsor; (b) complete and return the Prize Verifications Forms (defined in Section 8 below). If any potential winning Participant 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) and (b) 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 Wedding Site as the potential alternate winning Participant for that Wedding Site. Sponsor may continue selecting the next highest scoring Submission for the applicable Wedding Site as the potential alternate winning Participant until such time as a Participant 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 Wedding Site.
One Site Winner will be chosen for each Wedding Site as described in Sections 4 through 6, above, for a total of up to six Site Prizes awarded. The Site Winners will receive the following “Site Prizes”, which have a total Site Prize value of approximately $1,970.00.
(a) Guest book, value of $30.00;
(b) Bow tie, value of $13.00;
(c) James Avery charm, value of $134.00;
(d) Whataburger socks, value of $13.00;
(e) Table tent, value of $30.00;
(f) Framed certificate, value of $75.00;
(g) Whataburger gift card, value of $100.00;
(h) Fancy Spicy Yeti Bundle, value of $65.00;
(i) Whataburger sauces, value of $10.00;
(j) Flower bouquet, value of $50.00;
(k) Wedding cake, value of $200.00;
(l) Officiant, value of $150.00;
(m) Photography, value of $800.00; and
(n) Food and refreshments consisting of up to 20 Whataburger meals, each with a cost not to exceed $15.00, for a total cost not to exceed $300.00.
In addition, one Grand WhataWedding Winner will be chosen from the Site Winners as described in Sections 4 through 6, above, for a total of one Grand WhataWedding Winner. The Grand WhataWedding Winner will receive $5,000.00, in addition to the Site Prizes awarded to him/her as a Site Winner. References to “Prize” or “Prizes” in these Official Rules are references to the Site Prizes and, as applicable only to the Grand WhataWedding Winner, the additional $5,000.00 prize described in the preceding sentence.
THE PRIZES DO NOT INCLUDE ANY TRANSPORTATION, ACCOMMODATIONS, MEALS, CONCESSIONS, OR OTHER ITEMS OR COMPONENTS NOT EXPRESSLY LISTED ABOVE IN THIS SECTION 7, INCLUDING, BUT NOT LIMITED TO, ANY FEES INCURRED IN CONNECTION WITH SECURING A MARRIAGE LICENSE OR ANY OTHER REQUIRED MATERIALS OR ACTS TO MAKE A MARRIAGE LEGALLY BINDING IN ANY JURISDICTION. THE WINNERS ARE SOLELY RESPONSIBLE FOR ARRANGING AND PAYING FOR ALL NECESSARY TRANSPORTATION, ACCOMMODATIONS, MEALS, CONCESSIONS, AND OTHER COSTS AND FEES ASSOCIATED WITH RECEIVING THE APPLICABLE PRIZE. TO THE EXTENT WINNER WISHES FOR THE MARRIAGE TO BE LEGALLY RECOGNIZED, WINNERS ARE ALSO SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO TIMELY OBTAINING A MARRIAGE LICENSE, PRESENTING SUCH LICENSE TO THE OFFICIANT FOR SIGNATURE, AND FILING THE SAME.
No transfer, substitution, or cash equivalent for all or any portion of a 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, Winners 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 Winner.
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 submitting 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 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 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; 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 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, including but not limited to James Avery and Yeti, unless specifically stated otherwise.
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 can 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.
Whataburger has focused on its fresh, made-to-order burgers and friendly customer service since 1950 when Harmon Dobson opened the first Whataburger as a small roadside burger stand in Corpus Christi, Texas. Dobson gave his restaurant a name he hoped to hear customers say every time they took a bite of his made-to-order burgers: “What a burger!” Within the first week, people lined up around the block for his 25 cent, 100 percent beef burgers served on five-inch buns. Today, the company is headquartered in San Antonio, Texas, with more than 830 locations in 10 states with sales of more than $2 billion annually. Visit www.whataburger.com for more information.