Whataburger's #BurgerVerseContest

Company May 3, 2017 San Antonio, TX

Whataburger’s #BurgerVerseContest  

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 #BurgerVerseContest (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”.   

1.Eligibility 

 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 May 3, 2017 at 10:00 AM CST and ends on May 30, 2017 at 12:00 PM CST (the “Sweepstakes Period”). Submissions will be collected from May 3, 2015 at 10:00 AM CST through May 23, 2017 at 5:00 PM 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 enter the Sweepstakes, individuals must share their love of Whataburger® burgers through poetry.  Fans will submit a poem, not more than 70 words long, through Whataburger’s social media platforms (Twitter, Facebook, and Instagram) as described below.  Each person posting or tweeting a poem about their love of Whataburger® burgers will be considered a “Participant”, and each such poem will be the “Submission”.   

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 Content Restrictions listed below.  Limit one Submission per Participant, per social media platform, per day.

a. On Twitter, Whataburger fans must tweet their poem by tagging @Whataburger and using #BurgerVerseContest.  Using multiple accounts and repeated Tweets is discouraged.  Participants violating Twitter’s terms of use may be disqualified.    

b.On Instagram, Whataburger fans must post their poem by tagging @Whataburger and using # BurgerVerseContest.  Using multiple accounts and repeated comments or posts is discouraged.  Participants violating Instagram’s terms of use may be disqualified.    

c.On Facebook, Whataburger fans must post their poem by tagging @Whataburger and using # BurgerVerseContest.  Using multiple accounts and repeated comments or posts is discouraged.  Participants violating Facebook’s terms of use may be disqualified.        

Each Submission must be made in accordance with these Official Rules during the Submission Period.  Only Submissions made during the Submission Period will be eligible to win.  All properly made Submissions from eligible individuals will be automatically entered into the Sweepstakes.   Submissions will not be acknowledged or returned. 

5.Winner Selection 

Three winners will be selected as follows:  Beginning on May 9, 2017 at 8:00pm CST (and again on May 16 and May 23 at 8:00pm CST), all Submissions from the prior week will be collected and judged by a panel of judges consisting of members of Sponsor’s Social Media Team based on the following criteria:   

·Originality/Tone (70%); 

·Expression of Whataburger Brand (30%);

Using that criteria, the judges will determine the top 3 Submissions each week during the Submission Period.  Those top 3 Submissions each week (the “Weekly Finalists”) will be turned into a graphic by Whataburger’s Brand Content Team and shared on Whataburger’s Facebook, Instagram, and Twitter accounts.  Sponsor reserves the right to not select Weekly Finalists (or a winner), if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. 

By 5:00pm CST on May 10, (and again on May 17 and May 24) the graphics for all Weekly Finalists for the prior week will be posted on Whataburger’s social media channels and Whataburger fans will be able to begin voting for their favorite Weekly Finalists by liking and sharing the Whataburger posts.  Each “like”, “share”, or “comment” of a Weekly Finalist shall constitute a vote for that Weekly Finalist.  Each round of fan voting is only open for one week, ending at 12:00pm CST on the Tuesday following the original Whataburger post.  Votes received after 12:00pm CST on the Tuesday following the original Whataburger post shall not be considered when determining a Winner.    

 Week 1 fan voting ends on May 16 at 12:00pm CST.  The Weekly Finalist posted by Whataburger on May 10 and receiving the most fan votes by May 16 at 12:00pm CST shall be a Winner.  

Week 2 fan voting ends on May 23 at 12:00pm CST.  The Weekly Finalist posted by Whataburger on May 17 and receiving the most fan votes by May 23 at 12:00pm CST shall be a Winner.  

Week 3 fan voting ends on May 30 at 12:00pm CST. The Weekly Finalist posted on May 24 and receiving the most votes by May 30 at 12:00pm CST shall be a Winner.  

In the event of a voting tie, the Submission that received the highest original score from the Sponsor’s Social Media Team shall be considered the higher scoring entry and shall advance accordingly.  

Judging will be conducted under the direction of Sponsor, whose decisions are final and binding in all matters relating to the Sweepstakes.       

 6.Winner Notification 

The Sponsor will attempt to notify the potential winning Participants via direct message on the winner’s respective social media platform.  If any potential winning Participant does not respond within 24 hours after the date of the first attempt to contact him or her, the Sponsor may select the next highest scoring Participant as the potential alternate winning Participant. 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 winner declines the Prize or is disqualified for any reason, Sponsor may, in its sole discretion, elect to award the applicable Prize to the next highest scoring Participant.  

 7.Prizes 

Three winners will be chosen as described in Section 5 above for a total of three prizes awarded.  The #BurgerVerseContest winners will each receive Whataburger-for-a-Year (“Whataburger-for-a-Year” 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, as well as a $500.00 Ticketmaster gift card, for a total prize value of up to $760.00 per Winner (each a “Prize”).  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 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.  

8. Winner Verification and Prize Conditions 

Potential winning Participants (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 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 or 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 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 to the highest scoring Submission made before 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 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 winning Participant of the Sweepstakes 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 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 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; (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 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 parent, 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

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 Ticketmaster, which is a trademark of Live Nation Entertainment, Inc., is for prize identification purposes only and Live Nation and Ticketmaster are not sponsors, endorsers or administrators of, nor otherwise associated with, this promotion in any way.

By participating in the Sweepstakes, Participants agree and acknowledge that Facebook, Twitter and Instagram are not Sponsors of this Sweepstakes.  This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram.  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 Sweepstakes or receipt or use of the Prize.  

 14.Disputes 

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. 

 15.Privacy 

Information collected from Participants is subject to Sponsor’s privacy policy, which can be found at http://whataburger.com/home/privacypolicy.   

 16.Winner List 

The name of the people with the winning Submissions will be posted on the Whataburger social media profile pages within forty-eight (48) hours of Whataburger selecting the applicable winner and the applicable winner’s parent or legal guardian signing a Winner’s Affidavit (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.  

For Further Information Contact:

Amanda Kennedy
Hahn Public for Whataburger
210-476-6547
akennedy@hahnpublic.com