The “Chipotle Afterparty Scholarship” Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.

SWEEPSTAKES DESCRIPTION: The “Chipotle Afterparty Scholarship” Sweepstakes (the “Sweepstakes”) begins on or about May 7, 2020 at 12:01 a.m. Pacific Time (“PT”) and ends on or about May 14, 2020 at 11:59 p.m. PT (the “Promotion Period”). At the end of the Promotion Period, a random drawing will be conducted to select up to three (3) “Finalists” (as defined below). On or about May 16, 2020 one (1) grand prize winner will be selected from the Finalists, as set forth more fully below. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1400, Newport Beach, California, 92660 (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: Only legal U.S. residents of the fifty (50) United States and District of Columbia who are at least sixteen (16) years of age or older at the time of entry are eligible to enter. A free Instagram account is required to enter. If you do not have an Instagram account, you can create one for free at www.instagram.com. Minors must get their parent or legal guardian’s permission to enter. Officers, directors and employees of Sponsor, and each of Sponsor’s parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Sweepstakes (all such individuals and entities collectively referred to herein as the “Promotion Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Sweepstakes or win a prize. This Sweepstakes is void where prohibited.
HOW TO ENTER: To enter, eligible entrants must: (i) follow the @chipotleafterparty account on Instagram; (ii) locate the post on the @chipotleafterparty account promoting the Sweepstakes (the “Sweepstakes Post”); and (iii) post a comment (“Comment”) on the Sweepstakes Post that is not inappropriate or offensive, as determined by Sponsor in its sole discretion, and includes (a) the graduation cap emoji (🎓); and (b) the hashtag #ChipotleSweepstakes. Eligible entrants will receive one (1) entry into the Sweepstakes for following the @chipotleafterparty account and posting a Comment.
FINALIST SELECTION AND NOTIFICATION: At the end of the Promotion Period, up to three (3) finalists (each a “Finalist”) will be randomly selected in a drawing from all eligible entries received throughout the Promotion Period. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. A potential Finalist will be notified by Instagram direct message using the account information given at the time of entry. Sponsor shall have no liability for any Finalist notification that is lost, intercepted or not received by any Finalist for any reason. Time is of the essence in selecting Finalists and awarding the prize. If, despite reasonable efforts, a potential Finalist does not respond within two (2) hours of the first notification attempt, or if the notification is returned as unclaimed or undeliverable to such potential Finalist, such potential Finalist will forfeit his or her spot as a Finalist and an alternate Finalist may be selected. To be confirmed as a Finalist, each potential Finalist will be required to execute a “Participant Agreement” that, among other things, confirms the Finalist’s agreement to these Official Rules and releases the Promotion Entities from any claims that arise out of the “Live Stream” (as defined below). In the event of a conflict between the terms and conditions of the Participant Agreement and the terms and conditions hereunder, the terms and conditions of the Participant Agreement shall govern and control. If any potential Finalist is found to be ineligible, or if he or she has not complied with these Official Rules, or fails to return the signed Participant Agreement within the time specified by Sponsor or declines for any reason to being confirmed a Finalist, such potential Finalist will be disqualified and an alternate Finalist may be selected. Finalists agree to keep their selection as a Finalist confidential and not disclose their status as a Finalist until after the “Live Stream” (defined below.
CONDITIONS OF FINALIST PARTICIPATION: If a Finalist commits any act which is antithetical to Sponsor or its products or services or which brings Finalist or Sponsor into public disrepute or scandal, or which shocks, insults or offends a substantial portion or group of the community or reflects unfavorably on Finalist or Sponsor, or in the event Finalist engages in any behavior that Sponsor, in its sole discretion, finds to be obnoxious, threatening or otherwise objectionable or that is intended to annoy, abuse, threaten or harass any other person, Sponsor may, in addition to and without prejudice to any other remedy of any kind or nature set forth herein or otherwise available, terminate the Sweepstakes early, in whole or in part, and/or terminate the Finalist’s participation.
WINNER SELECTION AND NOTIFICATION: Up to three (3) Finalists will participate in an Instagram Live show on the @ChipotleAfterParty Instagram account (the “Live Stream”) on May 16, 2020 at a time designated by Sponsor. During the Live Stream, one (1) of the Finalists will be randomly selected as the grand prize winner. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion.
PRIZES/ODDS: One (1) grand prize is available. The grand prize consists of a Twenty-Five Thousand Dollar ($25,000) scholarship, awarded as a deposit in a 529 plan account that has been set up for the verified winner. The prize will be deposited into the winner’s existing 529 plan account; or if the winner does not have a 529 plan account, the winner will be required to create a 529 plan account to claim the prize. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Applicable portions of prize will be delivered only to an address in the United States. In addition to the prize, the Promotion Entities will provide the verified winner with a single cash payment of up to Fifteen Thousand Dollars ($15,000), which is intended to help the winner pay any federal, state, or other tax obligations related to the prize (the “Tax Gross-Up Payment”). The amount of the Tax Gross-Up Payment will be determined based on the winner’s actual tax liability, but is capped at Fifteen Thousand Dollars ($15,000). The total ARV of the grand prize package is $40,000. Many will enter, but there is only one (1) prize. Actual odds of winning depend on the number of eligible entries received.
GENERAL PRIZE CONDITIONS: The Prize will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute a prize of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The Tax Gross-Up Payment may not be sufficient to cover the winner’s tax liability related to winning the prize. The winner should consult his or her tax advisor on the proper treatment of the Tax Gross Up Payment. The winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is under the age of majority in such winner’s state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents by the deadline specified in the prize notification, the winner may be disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
By participating in the Sweepstakes, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in and/or winner of the Sweepstakes, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, Sponsor’s advertising and Sweepstakes purposes or other promotions, and each entrant and/or prize winner(s) hereby release the Promotion Entities from any liability with respect thereto. Without limiting the generality of the foregoing, each entrant hereby grants the Promotion Entities the right to film, photograph, record and edit his or her appearance during all Sweepstakes-related activities, including but not limited to the grand prize winner’s appearance on the Live Stream (collectively, the "Appearance") and the right, but not the obligation, to use such Appearance in any and all media, devices, processes and technology now known or hereafter devised in perpetuity throughout the universe without further notice or compensation.
Each entrant hereby acknowledges and agrees that the Appearance shall be deemed a work-made-for-hire for the Promotion Entities, and therefore, the Promotion Entities shall be the author and copyright owner thereof for all purposes throughout the universe. If the foregoing does not operate to fully vest in the Promotion Entities any or all of the rights in the Appearance, entrant hereby irrevocably grants, transfers, sells and assigns to the Promotion Entities, their successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights and any and all other ownership and exploitation rights now or hereafter recognized in any territory) in and to the Appearance for exploitation throughout the universe, in perpetuity, by and in any and all media, devices, processes and technology now known or hereafter devised in perpetuity throughout the universe without further notice or compensation. The Promotion Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, dub, duplicate, fictionalize or otherwise alter the Appearance for any purpose which the Promotion Entities deem necessary or desirable. Each entrant hereby irrevocably waives any and all so-called moral rights he or she may have in the Appearance, and agrees that he or she will make no claim of any kind against the Promotion Entities as a result of any of the uses described above, and irrevocably and unconditionally waives and releases the Promotion Entities from any and all claims, demands, and liabilities of any kind or nature whatsoever arising out of or in connection with such use including, without limitation, any and all claims, demands, or liabilities for invasion of privacy, infringement of the right of publicity, defamation (including libel and slander) and any other personal and/or property rights.
Each entrant who appears on the Live Stream represents and warrants that he or she will not do anything indecent or obscene while on the Live Stream and that he or she has not accepted or given, and will not accept or give, directly or indirectly, any money, service or other valuable consideration from or to anyone for including in any matter in the Live Stream.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes winner’s permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants (and any minor entrant’s parent or legal guardian) agree that Sponsor (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Newport Beach, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
INSTAGRAM RELEASE AND DISCLAIMER: Each entrant (and any minor entrant’s parent or legal guardian) acknowledges and agrees that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. By entering the Sweepstakes each entrant (and any minor entrant’s parent or legal guardian) hereby releases and agrees to hold harmless Instagram completely from any liability in respect of the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes will be directed to the Promotion Entities and not Instagram. By participating via the Instagram platform, entrants are also subject to Instagram’s data policy and terms of use, which can be found at: https://help.instagram.com/519522125107875; and https://help.instagram.com/581066165581870/?helpref=hc_fnav&bc[0]=Instagram%20Help&bc[1]=Privacy%20and%20Safety%20Center.
SPONSOR: CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1400, Newport Beach, California, 92660.
WINNERS LIST: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: The Chipotle Afterparty Scholarship Sweepstakes Winners List, CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1400, Newport Beach, California, 92660. All such requests must be received within six (6) weeks after the end of the Promotion Period.

TEXT2CLAIM FREE ENTRÉE TERMS

Limit one free regular-priced item per offer code. Valid for one-time use only, online and in-app only, for orders through participating Chipotle locations in the U.S. Offer expires on 6/30/2020. Redemption is subject to availability. Not valid on catering orders or delivery orders through third-party platforms. May not be combined with other offers. Additional restrictions may apply. Void where prohibited. Msg & data rates may apply. Privacy Policy: http://chip.tl/privacy

TERMS AND CONDITIONS

This promotion is conducted by CMG Strategy Co., LLC, for and on behalf of the Chipotle Mexican Grill group of companies (“Chipotle”), on the terms and conditions set forth below. By participating in this promotion, entrants agree to be bound by these Terms and Conditions and any other rules and regulations adopted by Chipotle.

No purchase necessary to participate. Void where prohibited. Ordinary mobile service and text message charges apply.
The promotion will be conducted during television or other broadcasts, including live streams or other online media events, selected by Chipotle in its sole discretion (an “Event”). During each such Event, when an announcement is displayed or read by Chipotle, or by an authorized agent participating in/publicizing the promotion in association with Chipotle (each, a “Broadcast Partner”) that a prize is available, an alphanumeric entry code, and a number of prizes available (each, a “Redemption Limit”), the promotion will be open for entries. Entries can then be submitted by texting the alphanumeric code announced in conjunction with the offer, to 888222 or another code specified in the announcement. No other method of entry permitted. Promotion limited to the number of prizes specified in the entry announcement, unless extended by Chipotle in its sole discretion. All determinations by Chipotle are final and binding and not subject to challenge or appeal.
The first eligible entries submitted in accordance with the entrance criteria, up to the designated Redemption Limit in each instance, will receive a text message containing a redemption code (each, a “Redemption Code”) that can be redeemed in accordance with these Terms and Conditions for one free regular menu entrée item at participating Chipotle restaurants in the United States. Odds of winning depend on number of games and the number of entries received. The number of Redemption Codes that are available is limited as specified in the entry announcement, subject to the availability of additional Redemption Codes pursuant to bonus offers initiated by Chipotle in its sole discretion. Neither Chipotle or any Broadcast Partner is responsible for late, misdirected, corrupted, or incomplete entries. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.
No substitution for or transfer of Redemption Code permitted; other restrictions apply. The Redemption Codes have no cash value and Redemption Codes may not be redeemed for cash. Redemption Codes must be used by the deadline specified on the Redemption Code or they expire. There is a limit of one free entrée per person and/or per mobile number during the promotion, and Chipotle may specify a limit of Redemption Codes per Event,,provided, however, that the Redemption Limits and the limits set forth in this sentence may be increased by Chipotle in its sole discretion. Chipotle may in its sole discretion prohibit entries from winners in other Chipotle promotions conducted within six months prior to this promotion.
Any applicable taxes are the sole responsibility of the winners. Entries must be from a mobile number issued within the United States in order to be eligible for a Redemption Code.
Chipotle reserves the right to implement policies and procedures as may be necessary to enforce compliance with these Terms and Conditions. Chipotle reserves the right to modify, extend, suspend, or terminate the promotion if it determines, in its sole discretion, that the promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Chipotle’s reasonable control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the promotion as contemplated herein.
Neither Chipotle or any Broadcast Partner assumes responsibility for any malfunctions, errors or failures that are human or technical in nature. Without limiting the generality of the foregoing, neither Chipotle or any Broadcast Partner is responsible for miscommunications, or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Chipotle reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the promotion, to be acting in violation of these Terms and Conditions, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the promotion, or to annoy, abuse, threaten or harass any other person.
ARBITRATION PROVISION: By participating in this promotion, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, Chipotle, any Broadcast Partner, or any of their affiliates, relating to, arising out of or connected in any way with (a) the promotion, (b) the awarding or redemption of any Redemption Code, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration conducted in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Orange County, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the promotion; (v) the arbitrator shall apply Delaware law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s, Chipotle’s and/or any Broadcast Partner’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant, Chipotle, or any Broadcast Partner; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Chipotle and/or any Broadcast Partner exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Chipotle agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Chipotle will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and none of the entrant, Chipotle, or any Broadcast Partner shall be entitled to arbitrate their dispute. For more information on the rules of JAMS, visit their website at www.jamsadr.com.
This promotion is sponsored by CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1400, Newport Beach, CA, 92660. The promotion is not affiliated with or authorized, endorsed or sponsored by a Broadcast Partner or any other third party unless otherwise disclosed by Chipotle. Except as otherwise disclosed by Chipotle, the use of any trade name or trademark of any Broadcast Partner or any other third party is for identification and reference purposes only and does not imply any association between the trademark owner and Chipotle.
By texting the keyword you are agreeing to receive up to 3 autodialed marketing messages to the mobile number used. Consent is not a condition of purchase. Msg & data rates may apply. Privacy Policy: https://chipotle.com/about-us/privacy-policy.html Text STOP to quit. Text HELP for help. The mobile carriers are not liable for delayed or undelivered messages. Contact Customer Service for additional support: https://chipotle.com/contact-us.html#report-an-issue