This promotion involves a text message-based sweepstakes to be conducted by Chipotle Mexican Grill, Inc., to provide the following prizes in conjunction with the Cultivate Festival event to be held September 15th at Lincoln Park, Chicago, IL and October 6th at City Park, Denver, CO: (A) Two Grand Prizes donated by the California Avocado Commission consisting of a 2-night trip to San Diego, CA courtesy of California Avocado Commission that includes hotel, airfare, and lunch for two at an avocado farm, a $100 gift card to the Avocado Café, and $500 spending cash. The promotion is subject to the following official rules:
1. NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
2. Promotion period runs from 12:01am MDT on August 17th through 11:59pm MDT on October 7th.
3. Each eligible entrant will be permitted to enter by sending the text message “CULTIVATE” or other message specified in the entry information, to a specified number during the promotion period, and responding to the question(s) sent in response to such text message by Chipotle or its promotional agent, Hipcricket, Inc. (“Hipcricket”). Entry information will be posted to the Cultivate Festival event web page(s), on Chipotle’s main Facebook page and/or localized Facebook pages for the applicable Cultivate Festival event, on Twitter and other social media, as well as in participating Chicago and Denver Chipotle Mexican Grill restaurants and otherwise as determined by Chipotle. Hipcricket will track entries and only one entry will be allowed per unique device. In case of dispute as to the identity of a text message entrant, entry will be made by the authorized account holder of the mobile telephone number. “Authorized Account Holder” is defined as the natural person who is assigned a mobile telephone number by a wireless carrier or as shown on the carrier’s records. Message and data rates may apply for entries by text message, in accordance with the terms of entrant’s mobile service agreement. To not receive future messages, text the word STOP to 888222.
4. Eligible entrants may also enter by mail. Simply hand print your name, address (including zip code), home and cell phone number (including area codes), email address and date of birth and mail it to Hipcricket c/o Cultivate Festival CAC Promotion, 4400 Carillon Point, Kirkland, WA 98033. Only one entry will be allowed per person per address. Mail entries must be postmarked by September 24th, 2012.
5. Winners will be chosen at random from all eligible entries by Hipcricket on or about October 8th, 2012. Winners will be notified by text message or telephone within 24 hours of the drawing. In the event a winner does not claim the prize within two days of notification of their status as a prize winner, Chipotle may in its sole discretion direct Hipcricket to select a substitute winner, in which case such originally-notified winner will be disqualified and all rights and privileges of such originally-notified winner as a prize winner in the sweepstakes will be immediately waived. Odds of winning depend on number of entries received.
6. Entrants must be a resident of the 50 United States (excluding residents of New York, Florida and Rhode Island), 18 years or older. Employees of Chipotle Mexican Grill, Inc., Hipcricket, Inc., California Avocado Commission, FamilyFarmed.org, FoodFamilyFarming.org, Creative Artists Agency (CAA), and C3 Presents, performers and presenters at the Cultivate Festival, and any of their respective parents, subsidiaries, affiliates, advertising and promotion agencies or direct family members are not eligible entrants.
7. Prizes will consist of the following: two prizes donated by the California Avocado Commission, each consisting of 2-night trip to San Diego, CA for two courtesy of California Avocado Commission that includes hotel, airfare for two persons from a major metropolitan airport within the 48 contiguous U.S. states, and lunch for two at an avocado farm selected by the California Avocado Commission and/or Chipotle, a $100 gift card to the Avocado Café, Newport Beach, CA, and $500 spending cash. Prizes must be used by December 31, 2013 or will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Trip subject to availability and blackout dates. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability.
8. Prizes are not sold at retail and do not have retail value. Approximate retail-equivalent value of each prize is $5,000. Prizes may not be redeemed for cash except as required by applicable law. Chipotle reserves the right to substitute any prize (or portions thereof) of equal or greater value as determined by Chipotle in its sole discretion, if any of the prizes (or portions thereof) cannot be awarded as described. Prizes may not be assigned, transferred, or changed except at the sole discretion of Chipotle.
PRIZES ARE AWARDED "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY OR GUARANTEE.
9. All Federal, State, provincial, local and other applicable taxes on any prize are the sole responsibility of the recipient.
10. Chipotle reserves the right to implement policies and procedures as may be necessary to enforce compliance with any element of these official rules. Winners (or a winner’s parent or qualified legal guardian if winner is under the applicable age of majority) and their guests may be required to sign and return an Affidavit of Eligibility, Release of Liability, or other documentation required by Chipotle. Each winner's first initial, last name, hometown and state will be disclosed on a Winner’s List which will be distributed upon request and as required by law. For the first initial, last name, hometown and state of the winners, mail a first class-stamped envelope to: Chipotle Cultivate Festival/CAC Sweepstakes c/o Chipotle Marketing, 1401 Wynkoop St., Suite 500, Denver, CO 80202 or send a text-in message with keyword “CULTIVATE WINNER” to 888222 by December 31, 2012.
11. By participating in this promotion, entrants agree to be bound by these official rules and any other rules and regulations adopted by Chipotle Mexican Grill, Inc. This promotion shall only be construed and evaluated according to the laws of the State of Colorado, USA, and the federal laws of the United States of America, without regard to the provisions of conflicts of laws thereof. Entrants further each hereby submit to the personal jurisdiction of the federal and state courts located in the State of Colorado in connection with any legal proceeding relating to this promotion or brought to enforce or interpret these Official Rules, and further agree that such federal and state courts located in the State of Colorado will be the sole and exclusive venue for any such proceedings, and hereby waive any objection based on lack of personal jurisdiction, improper venue, inconvenient forum or similar grounds in any such proceeding. Entrants further each hereby irrevocably waive any right to bring or join in any class action relating to this promotion, and agree that any legal proceedings relating to this promotion will be brought and litigated only on an individual and not a class basis.
12. Winners assume all liability for any injury or damage caused or claimed to be caused by participation in this promotion or use or redemption of any prize. By accepting a prize, recipient agrees to indemnify, defend and hold harmless Chipotle Mexican Grill, Inc., Hipcricket, Inc., California Avocado Commission, FamilyFarmed.org, FoodFamilyFarming.org, Creative Artists Agency (CAA), C3 Presents, performers and presenters at the Cultivate Festival and any of their respective parents, subsidiaries, affiliates, directors, officers, employees and agents from and against any and all liabilities, damages or causes of action (however named or described), with respect to or arising out of: (i) winner's participation in the promotion (including with respect to text message charges for all attempted entries, whether or not made in error or accepted in the promotion); or (ii) the receipt or redemption of any prize.
13. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY PRIZE WINNER OR ANY BEHAVIOR BY ANY PRIZE WINNER THAT CHIPOTLE DETERMINES MAY PLACE CHIPOTLE, ITS AFFILIATES OR THEIR RESPECTIVE AGENTS AND EMPLOYEES IN DANGER OF VIOLATING ANY PROVISION OF APPLICABLE LAW, OR IN DANGER OF BODILY INJURY OR PROPERTY DAMAGE, OR THAT REFLECTS ADVERSELY ON CHIPOTLE, ITS AFFILIATES OR THEIR RESPECTIVE AGENTS AND EMPLOYEES, MAY IN CHIPOTLE’S SOLE DISCRETION BE DISQUALIFIED AS A WINNER AND ALL RIGHTS AND PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
14. Neither Chipotle nor Hipcricket assumes any responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this promotion or by any human error, which may occur in the processing of the entries in this promotion. Neither Chipotle nor Hipcricket is responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or players as a result of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to any entrant's or any other person's computer or mobile device related to or resulting from participation or downloading any materials in this promotion.
15. If, for any reason, the promotion is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of Chipotle which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, Chipotle reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion. In the event the promotion is terminated prior to the stated expiration date, all or a portion of the prize may be awarded to winners to be selected from among all eligible entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Chipotle. Chipotle reserves the right in its sole discretion to disqualify any individual it suspects or finds (a) to have tampered with the entry process or the operation of this promotion, (b) to be acting in violation of these Official Rules, (c) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (d) to have provided inaccurate information on any legal documents submitted in connection with the sweepstakes.
16. All determinations by Chipotle Mexican Grill, Inc. and Hipcricket are final.
17. The promotion is sponsored by Chipotle Mexican Grill, Inc., 1401 Wynkoop Street, Suite 500, Denver, CO 80202.