TERMS & CONDITIONS
EFFECTIVE JUNE 28, 2012
SPECIAL TERMS APPLICABLE TO OUR USE OF YOUR POSTS, TWEETS AND OTHER SOCIAL MEDIA COMMUNICATIONS
You represent to us that you are at least 18 years of age. By giving us permission to use your post or tweet, you agree that we may, at our discretion, use your real or social media user name and the content of your post or tweet (including all accompanying images) on our website to promote our company, products and services for such time period as we wish. You give us the right to edit your post or tweet for brevity, clarity and the like and to modify any image in any manner we deem necessary to use it on our website. You will not have the advance right to review or approve what we post on our website. You represent to us that you have all rights needed to grant this permission to us. For example, if an image you included with your post depicts persons other than yourself, the other people in the image must have given you unrestricted permission to allow us to post the image on our website. You will not receive any compensation for granting us the above rights. We agree that you may withdraw the permission you have given us at any time by sending us an email at firstname.lastname@example.org . We will remove your post or tweet (including accompanying images) promptly after receiving your email.
EFFECTIVE JULY 2, 2012
STATEMENT OF USE FOR WHATABURGER.COM
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY
Whataburger Restaurants LLC (which together with its affiliates is referred to as “Whataburger”), owns, operates, licenses or controls several web sites under various names (“Web Sites”), including Whataburger.com, AreYouOrangeEnough.com and other web sites on which these Terms & Conditions are posted. By using any Web Site and its contents, you signify your agreement to the following terms and conditions, which may limit or restrict your use of the Web Site and its contents. If you do not agree to be bound by these terms and conditions, you may not use the Web Site. We reserve the right at our sole discretion, to change, add or delete any portion of these terms at any time.
RESTRICTIONS ON USE
All materials contained in any Web Site are the copyrighted property of Whataburger. You cannot copy, download, distribute, publish, reproduce, upload, post, modify, broadcast or transmit any materials from any Web Site, without first obtaining permission in writing from Whataburger. All trademarks, service marks, trade or brand names remain the property of Whataburger. All materials on the Web Sites are made available only to provide information. Unauthorized use or any misuse of the trademarks or copyrighted material on the Web Sites may constitute violation of or infringement upon Whataburger's intellectual property rights.
The Web Sites are controlled from Whataburger’s headquarters at 300 Concord Plaza, San Antonio, Texas 78216 in the United States of America. Whataburger makes no representations that the Web Sites and their contents are appropriate, suitable, or available for use in any other location. If you use the sites from another location, you are solely responsible for complying with all applicable laws where you are located. Whataburger prohibits all use of the Web Sites' contents that in any way violates any local, state or Federal laws or that is detrimental to Whataburger or the Whataburger brand.
THE WEB SITES AND THEIR CONTENTS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WHATABURGER SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, INCLUDING THE ACCURACY OR COMPLETENESS OF THE WEB SITES. WHATABURGER IS NOT LIABLE FOR ANY DAMAGES, INJURIES, COSTS, OR EXPENSES OF ANY KIND DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM THE USE OF THE WEB SITES, INCLUDING YOUR RELIANCE UPON THE INFORMATION CONTAINED IN THE WEB SITES. FURTHERMORE, WHATABURGER AND ITS AFFILIATED ENTITIES ARE NOT LIABLE FOR ANY DAMAGES, INJURIES, COSTS, OR EXPENSES OF ANY KIND DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS THE WEB SITES AND THE CONTENT CONTAINED ON THE WEB SITES, INCLUDING ANY PERFORMANCE FAILURE, ERROR, OMISSION, TRANSMISSION DELAY, LINE FAILURE, OR VIRUS AFFECTING THE WEB SITES.
Whataburger claims no responsibility for the accuracy, content, or availability of information found on web sites that link to or from any Whataburger Web Site. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in web sites which link to or from any Whataburger Web Site. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. You are strongly encouraged to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third party sites.
RIGHT TO CHANGE
Whataburger reserves the right to change, modify, or discontinue the Web Sites, including any products and services featured on the sites, at any time for any reason without notice. Products and services featured on the sites may not be available in your area and are primarily available only in the continental United States and at this time and, to a limited extent, in parts of Mexico.
You must not create links (hyper-links) to the Web Sites without first obtaining permission in writing from Whataburger. If you choose to access sites that are linked to or from our Web Sites, then you acknowledge that you do so at your own risk and that Whataburger will not be responsible nor liable to you for any damages, injuries, costs, or expenses related to or arising from such access. Whataburger does not endorse third-party sites that choose to link to Whataburger’s Web Sites.
When reasonably practicable or necessary, Whataburger will use the normal ™, SM or ® subscripts to indicate that a word or design mark is protected by trademark laws. Such characters may or may not appear correctly in some computer systems and browsers. The absence of such subscripts or the improper representation of such subscripts does not mean that Whataburger does not claim or acknowledge trademark rights to a specific trademark. Unless and until Whataburger specifically informs you in writing to the contrary, you should presume that all trademarks shown on the Web Sites are trademarks controlled or used by Whataburger and that trademark laws protect them. When reasonably practicable or necessary, Whataburger will designate the owner of non-Whataburger trademarks. The following is a partial list of the primary word marks controlled and used by Whataburger: “Addaboy,” “Breakfast On A Bun,” “Lean & Mean,” “Thick & Hearty Burger,” “Whataburger Jr.,” “Whatacatch,” “Whatachick’n,” “Whatameal,” “Whataguy,” “Whatakids,” “Lil’ W,” “Whatablender,” “Whatablenders,” “Whatasize it!,” “Whataburger” (referring to the company and/or the actual product), “Just Like You Like It,” and “Whatapals.” The following is a partial list of the primary design marks controlled and used by Whataburger: The flying W, and the Whataburger logo channel letters.
Photographs, images, graphics, drawings, illustrations, logos, slogans, text, storyline, audio, and video material shown on the Web Sites are protected by applicable copyright laws from unauthorized use, display, distribution, copying, reproduction, recording, storing, broadcast or transmission. By using the Web Sites, you agree that you will first obtain written permission from Whataburger before you use, display, reproduce, distribute, copy, record, store, broadcast or transmit any material contained on the Web Sites that are protected by copyright. Unless and until Whataburger specifically informs you in writing to the contrary, you should presume that copyright laws protect all material shown on the Web Sites.
Whataburger and its affiliated entities do not accept unsolicited ideas or proposals. Therefore, if you send any text, ideas, drawings, slogans, pictures, audio, video, or other information to Whataburger through the Web Sites, by mail or by Internet e-mail, your submission will become the property of Whataburger and Whataburger will have no duty to preserve or return your submission. By sending your submission, you agree that your submission is not confidential nor proprietary and that Whataburger and its affiliated entities and agencies may use and own your submission for any purpose whatsoever now and in the future without any obligation to obtain your permission or to compensate you in any way.
The potential employment positions listed on this Web Site include opportunities with restaurant locations owned and operated by Whataburger (Company Stores) as well as restaurant locations owned and operated by Whataburger franchisees (Franchise Stores). The positions in Whataburger’s Company Stores may be subject to different terms and conditions, including, but not limited to benefits and employment policies, than those positions in Franchise Stores. Whataburger accepts no responsibility or liability with respect to the terms and conditions of employment with a Whataburger franchisee.
Specific information about the terms and conditions of employment associated with a particular position, will be set forth on the date of hire. Postings on this Web Site do not represent an offer of employment. Any offer of employment must be made in writing by an authorized representative of Whataburger or of a Whataburger franchisee in accordance with Whataburger or the Whataburger franchisee's hiring policies and procedures.
The Whataburger.com Web Site may provide nutrition information.
Percent Daily Values are based on a 2,000-calorie diet. Your daily values may be higher or lower depending on your calorie needs.
Nutritional values, ingredient statements and allergen information are based on standard recipes and product formulations.
Nutrient contributions from individual components may not equal the total due to federal rounding regulations.
Weight for standard product is expressed as an approximate weight after cooking or “as served.”
Soft drink serving size reflects the amount of liquid in the beverage cup. A beverage cup will be filled 2/3 full with ice; however, tea will be filled full with ice.
This information provided by Whataburger regarding our food is as complete as possible at the time of this publication: August, 2009. The nutrition information is reported to us by our suppliers and is based on standard portion product guidelines, variation can be expected due to seasonal influences, minor differences. Whataburger, its franchisees, and employees, do not assume responsibility for a person’s sensitivity or allergy to any food item provided in our restaurants. Please always consult your healthcare practitioner for questions regarding your diet. We encourage anyone with food sensitivities, allergies, or special dietary needs to visit the “Browse the Menu” link within Whataburger.com Web Site, then click on “Dietary Restrictions and Allergens” on a regular basis to obtain the most up-to-date information about our food before you order. If you have specific questions about our menu, please contact:
Visit the Contact Us page within the Whataburger.com web site.
The terms and conditions of this legal Statement of Use (Terms & Conditions) and their relationship to the Web Sites will be construed, interpreted, and enforced according to the laws of the State of Texas and the United States of America, without regard to conflict of law rules or principles.
This document was last updated on July 2, 2012.
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.
Whataburger is looking to test our social media fans knowledge of Whataburger’s burger and history during National Burger Month. Entrants must correctly answer at least 1 of the 12 trivia questions for a chance to win Whataburger For A Year. Our fans will have 24 hours from the post time to correctly answer the day’s trivia question. Each answer or response submitted as part of this contest is a “Submission”. After the 24 hours is up, the Sponsor will randomly select 1 winner from the pool of people who answered correctly. There will be a total of 12 questions and 12 winners.
Submissions for the WhataYaKnow? (“the Contest”) may be made by any legal resident of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old at the time of entry. Employees of Whataburger and 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. The Contest is subject to federal, state, and local laws and regulations.
The Contest is sponsored by Whatabrands LLC, located at 300 Concord Plaza Dr, San Antonio, Texas 78216. (“Sponsor”)
3. Agreement to Official Rules
Participation in the Contest constitutes entrants’ 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.
4. Contest Period
The Contest begins on May 1st at 4:30pm CST and ends on May 31st at 4:00pm CST (the Contest Period). Submissions made before or after the Contest Period will be disqualified. Submissions will be accepted online for the duration of the Contest using.
5. How to Enter
On Facebook the user will need to correctly answer the trivia question using the comment feature.
On Instagram the user will need to correctly answer the trivia question using the comment feature.
On Twitter the user will need to correctly answer the trivia question using the respond feature.
a. Submissions must be in the English language.
b. Participants agree to and understand that Submissions may be made available to the public, including without limitation, posting on the Internet. Whether or not Submissions are published on the Internet, SPONSOR does not promise or guarantee any confidentiality with respect to any Submission.
c. The Submission must not have been submitted previously through any means in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family).
d. Each Submission must be an original creation of the submitting Participant which is under no restriction, contractual or otherwise, that will prevent SPONSOR’s use of the Submission. Participant acknowledges, agrees and warrants that, nothing in the Submission infringes on any copyrights, confidential information, trade secrets or trademarks, or violates any person's rights of privacy or publicity and that any necessary releases and permissions have been secured. Participant agrees to indemnify and hold harmless the SPONSOR and its owners, officers, directors, employees, franchisees and affiliated organizations, and their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Participant of these Official Rules or the warranties and representations made by Participant in this paragraph.
e. By uploading the Submission the Participant, for zero compensation, hereby grants to SPONSOR all intellectual property rights in the Submission and each of its constituent parts, which rights include, without limitation, the SPONSOR’s right to publish, make available to the public and/or reproduce the Submission through any media available at any time during, or after, the Promotion Period on any related websites, in any promotional materials, whether related or un-related to the Promotion, and at any other location, whether physical or online, as determined by SPONSOR in its sole discretion. In addition, Participant warrants that any so called “moral rights” in the Submission have been waived and Participant acknowledges and agrees that SPONSOR may use any ideas from any Submission or other submitted materials, whether or not Participant has been awarded a prize in connection with any such Submission or other materials. Participant agrees to release, defend, indemnify and hold harmless the SPONSOR, and each of its owners, employees, directors, officers, agents, franchisees, subcontractors, and licensees from and against all claims, demands, and causes of action of any nature whatsoever which Participant or Participant’s heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf or on behalf of Participant’s estate, have or may have by reason of: (i) SPONSOR’s exercise of any rights granted by Participant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with SPONSOR’s use of the Submission and any portion thereof, or the likeness of any natural person therein.
f. SPONSOR is not responsible for any expenses incurred in the production and delivery of the Submissions.
g. All Submissions become the property of Sponsor and will not be acknowledged or returned.
6. Winner Selection
Entrants who, in the sole discretion of the Sponsor, correctly answer the daily trivia question within 24 hours will be entered into a random drawing where 1 lucky fan will be selected by chance. You can only win once, all previous winners with a correct submission will not be included in the random drawing.
7. Winner Notification
The Sponsor will attempt to notify the person who submitted the potential winning Submission via social, telephone and email after the 24 hour Submission window. If the potential winner doesn’t respond within 24 hours after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winning entry in his/her place from the remaining non-winning, eligible submissions. Potential winning Submission must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winning winner declines the prize or is disqualified for any reason, Sponsor will award the applicable prize to an alternate entrant.
Whataburger For A Year (Coupons for 52 Whataburger sandwiches with a retail value $158.08).
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, the 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 at random from among the eligible, Submissions received up to the time of the stet. 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 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 website or undermine the legitimate operation of the Contest 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. Release and Limitations of Liability
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and its parent, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, owners, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), 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, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application the processing of entries, submissions and application downloadsor in any Contest-related materials; 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 entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant 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 entrant 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. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, each entrant 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 Texas. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, 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.
13. Winner List
The person(s) with the winning submission may be posted on the Whataburger Facebook page, Twitter and Instagram account.