Due to Hurricane Sandy, the Official Rules for the Chipotle Boorito Contest have been modified and the following sections of the Official Rules hereby replace and supersede the original section of said rules.
The Chipotle Boorito Contest (the “Contest”) begins 12:00 a.m. Eastern Time (“ET”) on October 31, 2012 and ends 11:59 p.m. ET on November 8, 2012 (“Contest Period”).
The Contest is open to legal residents of the 50 United States and the District of Columbia, who, as of date of entry, are 14 years of age or older. Entrants are referred to in these Official Rules as “Entrants” or “you.” Employees of Chipotle Mexican Grill, Inc. (“Sponsor”), Votigo, Inc. (“Administrator”), Hipcricket, Inc. (“Hipcricket”) and each of their respective affiliates, subsidiaries, advertising agencies and promotion agencies involved with this Contest, and the immediate family members and/or those living in the same household of any such persons or entities are not eligible. Sponsor may determine eligibility in its sole discretion. This Contest is Subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law. No purchase necessary.3. HOW TO ENTER:
There are two (2) ways to enter. (1) During the Contest Period, you may access the Contest by visiting the Contest tab on the Chipotle Mexican Grill Fan Page (“Fan Page”) at https://www.facebook.com/chipotle. From the Fan Page, accept the Contest Application (the “Application”), upload an original photographic image showing you at a Chipotle Mexican Grill location in your Halloween costume and complete all required fields of the on-screen registration form to receive one (1) entry into the Contest. (2) During the Contest Period, tweet a TwitPic on Twitter of you at a Chipotle Mexican Grill location in your Halloween costume to receive one (1) entry into the Contest. Tweets must include #boorito and @ChipotleTweets to be eligible. All entries must be unique. Limit one (1) entry per person/email address/Twitter handle. Sponsor is entitled to unrestricted use of any entry. Entries must be received by 11:59 p.m. ET on November 6, 2012. If an Entrant is under the age of majority in his/her jurisdiction of primary residence, he/she must have obtained consent from his/her parent or legal guardian in order to enter. All entries will be screened by Administrator and if approved, posted online on the Application for public voting. Duplicate submissions will automatically be disqualified. By participating, Entrants agree to these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.4. ENTRY REQUIREMENTS:
Each entry must: 1) be complete to be eligible; and 2) include a photo that must include you in your Halloween costume. The photographic image must be in .gif .jpg .jpeg format and no larger than 5MB in file size. Entrant may be, but need not be, the only person depicted in the photo, provided Entrant has all necessary consents or approvals of each person depicted in the entry (or all necessary consents or approvals of each person’s parent or legal guardian, if person depicted is a minor in his/her jurisdiction of primary residence). If requested by Sponsor, Entrant must be able to provide such written consent from any person (or any person’s parent or legal guardian, if applicable). In the event more than one (1) person is depicted in an entry, Entrant will be deemed the person who submitted the photo via one (1) of the two (2) methods outlined in Section 3. Each entry must be Entrant’s sole property (and owned exclusively by Entrant), may not have been previously published or won previous awards or professionally taken for compensation. Entries must be uploaded in accordance with the specifications set forth in these Official Rules. Any entry or portion thereof that, in the Sponsor’s sole discretion, is obscene, profane, lewd or defamatory; or violates or infringes (or may infringe) any copyright or proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or of any entity; or includes anti-social content, a commercial solicitation or promotional materials, or address, phone number, or URL address; or is otherwise objectionable; or does not meet the requirements outlined in these Official Rules, will not be considered and entry may be disqualified.
Entries will not be returned. Each Entrant grants to Sponsor a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display each submitted entry, in any media, and with right to use, copy, modify, edit, and create derivative works therefrom, and agrees to execute documents confirming such right and license (as further defined in section 8 below) at Sponsor’s reasonable request. Any entry deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified. By entering, you understand that your entry may be posted online, in Sponsor’s sole discretion, to be viewed by members of the general public. Sponsor has the sole discretion to determine whether a photo qualifies as an entry. Any entry not in compliance with these Official Rules or which does not meet the contest website’s requirements will be disqualified. Entries must not contain any third-party materials, other than Chipotle related materials, or otherwise violate or infringe (or present the possibility of infringing) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or of any entity or make reference to any commercial/corporate advertising (including but not limited to corporate logos, brand names, charities, slogans, political, or religious statements), or be otherwise objectionable (Sponsor may blur or black out the infringing material, in its sole discretion). Entries must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion, and in such an event, the entry will not be posted online and will be disqualified from the Contest. Normal Internet access and usage charges imposed by Entrants’ online service and otherwise in connection with access thereto will apply. No information regarding entries, other than as otherwise set forth in these Official Rules, will be disclosed.
During the Contest Period, approved entries will be posted online and on the Application for public voting. Visitors will have the opportunity to visit the Application during the Contest Period to vote for their favorite entry. Limit one (1) vote per person, per entry, per day. The 50 entries that receive the most votes during the Contest Period will be deemed Finalists. The Finalist entries will be judged by a panel of Sponsor-selected judges to determine one (1) Grand Prize winner, five (5) Runner Up Prize winners and twenty (20) Honorable Mention Prize winners. Judging will be conducted based on the following judging criteria: Best Depiction of Halloween (40%), Originality/Creativity (40%), and Votes Received (20%). Winners will be chosen on or about November 16, 2012. In the event of a tie, tied entries will be re-judged by the judges based solely on Best Depiction of Halloween. Any attempt by any Entrant and/or his/her family/friends to vote more than the number of times authorized herein, using any third party proxy voting services, using multiple names or e-mail addresses and/or any other fraudulent mechanism(s), including robotic, automatic, programmed or similar methods, or soliciting votes on behalf of Entrants, by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), shall give the Sponsor, in its sole discretion, the right to disqualify the entry and Entrant.6. PRIZES:
Grand Prize (1) – $2,500, awarded in the form of a check. Runner Up Prize (5) - $1,000, awarded in the form of a check. Honorable Mention Prize (20) – A Sponsor-specified burrito party at the winner’s select Chipotle Mexican Grill location for up to 10 people. The ARV of each Honorable Mention Prize is $250. Any taxes related to any prize are the sole responsibility of the respective winner (or his/her parent or legal guardian if such winner is a minor in his/her jurisdiction of primary residence). Sponsor reserves the right, at its sole discretion, to substitute any prize with one of comparable or greater value. Winners will be contacted by phone, email and/or mail. All prizes awarded are subject to verification of eligibility and compliance with these Official Rules.7. GENERAL RULES:
Decisions of the Sponsor and Administrator are final and binding with respect to all matters relating to this Contest. By participating, Entrants agree to these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. You represent and warrant that: (i) all rights to the entry belong to you and the entry does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, and (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the entry, free and clear of all claims and encumbrances, without violating the rights of any person or entity, including any right to privacy or publicity. By participating, Entrants agree to indemnify, defend and hold the Sponsor harmless from and against any loss, liability, damage or claim arising from or in connection with Entrant’s participation in the Contest, breach of any representation or warranty or violation of any other term provided for in these Official Rules, or use of Entrant’s entry. Potential winners on Twitter will be notified by direct message on Twitter and confirmed by email. Potential winners on Facebook will be notified by email. If a potential winner cannot be reached by direct message within seven (7) days of first notification attempt, an alternate winner may be determined. The potential Grand and Runner Up Prize winners (or his/her parent or legal guardian if potential winner is a minor in his/her jurisdiction of primary residence) may be required, in Sponsor’s sole discretion, to sign and return an Affidavit of Eligibility, liability/publicity release (where permitted by law) and assignment of rights within seven (7) days of notification attempt or the prize will be forfeited and an alternate winner may be determined in accordance with these Official Rules. Potential Honorable Mention Prize winners will be required to confirm his/her mailing address and select his/her prize location within seven (7) days of notification attempt or the prize will be forfeited and an alternate winner will be determined. Potential winners may be required by Sponsor to re-create the entry in high resolution or another format, and may also be required to execute and return within ten (10) days a Design Agreement in which the winner will acknowledge certain representations and warrantees in connection with the entry and will irrevocably assign and transfer to the Sponsor any and all rights, title, goodwill and interest in and to the entry, including without limitation, all copyrights, trademarks and waive all moral rights in such entry. Return of prize or prize notification as undeliverable may result in disqualification and alternate determination. The Sponsor, the Administrator, Hipcricket, and their respective agents and other representatives are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Contest, or by any human error which may occur in the processing of the entries in this Contest, or for any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, this Contest. Sponsor, the Administrator, and their respective agents and other representatives are not responsible for the failure of any entry to be received on account of technical problems or congestion on the internet or at any website. The Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry/voting process or the operation of the Contest, the contest website; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately 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 from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Contest or online voting is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest process, then the Sponsor reserves the right at its sole discretion to cancel the Contest or online voting and determine the winners from among all eligible entries received prior to cancellation in accordance with these Official Rules. Sponsor reserves the right, in their sole discretion, to disqualify any entrant in the event they discover a submitted entry has been posted on an online voting-swapping site. The construction, validity, interpretation and enforceability of the Contest or these Official Rules will be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice of law or conflict of law rules. Any dispute with regard to the Contest or these Official Rules must be brought in the courts in the State of Colorado, and all Entrants hereby submit to the exclusive jurisdiction thereof.8. RELEASE, WAIVERS, AND LIMITATIONS ON DAMAGES:
For the names of the winners, visit www.facebook.com/Chipotle from November 19, 2012 through December 19, 2012.11. SPONSOR:
Chipotle Mexican Grill, Inc. 1401 Wynkoop Street, Ste. 500, Denver, Colorado 80202.