OFFER TERMS

 

Valid in one transaction only, at participating U.S. Chipotle restaurants, from date of receipt through August 2, 2020, for one free topping of guacamole on each of up to 99 regular-priced entrée items purchased in a single transaction when ordering via the Chipotle mobile app or online at Chipotle.com. Redemption is subject to availability. May not be used with other coupons, promotions, or special offers. Not valid on catering or orders on third party delivery platforms. A digital Reward coupon associated with a valid Chipotle Rewards account will be required to redeem the Reward. Must be applied at checkout in order to redeem. Additional restrictions may apply; void where prohibited. Full Chipotle Rewards program terms: chipotle.com/rewards-terms.


The Chipotle “Unlock the Guac” Promotion

OFFICIAL RULES

 

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

 

1.     PROMOTION DESCRIPTION: The Chipotle “Unlock the Guac” Promotion (the “Promotion”) consists of up to six (6) independent opportunities to win (each a “Guessing Period,” and collectively, the “Guessing Periods”).  The Guessing Periods will happen between July 29, 2020 at 8:00 a.m. Pacific Time (“PT”) and July 30, 2020 at 11:59 p.m. PT (the “Promotion Period”).  During each Guessing Period, eligible entrants will have the opportunity to guess the password that will unlock one (1) free guacamole (each a “Locked Account” and collectively, the “Locked Accounts”).  To win, a person must be the first eligible entrant to correctly guess the password that will unlock the Locked Account and text that password to the short code 888-222 (the “Short Code”) during the designated Guessing Period.  The first eligible entrant who does that will receive a prize, as set forth in greater detail below.  Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes.  By participating in the Promotion, 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.

2.     ELIGIBILITY:  Only legal U.S. residents of the fifty (50) United States and District of Columbia who are at least thirteen (13) years of age or older at the time of entry are eligible to enter. A free Chipotle Rewards account is required to claim the prize.  If a winner does not have a Chipotle Rewards, the winner can create a free account at the time the prize is claimed.  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 Promotion (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 Promotion or win a prize.  This Promotion is void where prohibited.

3.     HOW TO ENTER: A series of Guessing Periods will occur during the Promotion Period.  On each day of the Promotion Period, Sponsor plans to offer up to three (3) Guessing Periods.  On each day of the Promotion Period, Chipotle will announce the start of each Guessing Period in an in-feed or Instagram Story post (the “Announcement Post”) on the @Chipotle Instagram account. Each Announcement Post will invite eligible entrants to guess the password of one (1) Locked Account.  To guess the password, eligible entrants must send a text message with their guess to the Short Code (888-222).  During each Guessing Period, Sponsor may publish periodic password hints as in-feed or Instagram Story posts on the @Chipotle Instagram account.  The first entrant to correctly guess the password for the applicable Locked Account during each Guessing Period will be the potential winner of the prize that is available for the applicable Guessing Period.  Each Guessing Period will end when the password for the applicable Locked Account is first guessed correctly.  Subsequent Guessing Periods, if any, will be announced by subsequent Announcement Posts on the @Chipotle Instagram Account. 

 

The text messaging method of entry is designed to work with most of the major wireless carriers in the United States, but Sponsor makes no guarantee that any particular wireless service provider will participate, and the mobile phone that is used must be capable of sending and receiving text messages. Entrants should check their phone’s features to see if they have that capability.  Wireless service providers may charge entrants for each text message, including any error message, that is sent and received in connection with the Promotion.  Entrants should consult their wireless service provider’s pricing plan for details.  Sponsor will determine in its sole discretion when the first correct guess for the applicable Guessing Period has been received.  Proof of text messaging the Short Code is not considered proof of delivery to or receipt by Sponsor of such entry.  The Sponsor’s clock will be the official timekeeper for this Promotion. 

Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected by Sponsor in connection with the Promotion will be used in accordance with Sponsor’s privacy policy located at https://www.chipotle.com/about-us/privacy-policy.

 

Entry must be made by the entrant, only through text message.  Entries made by any other individual or any entity, and/or originating at any other wireless number, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion.  Tampering with the entry process or the operation of the Promotion, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries in the Promotion.  The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

4.     WINNER NOTIFICATION: The entrant who sends the first text message received by Sponsor with the correct password during the applicable Guessing Period will be declared the potential winner of the prize that corresponds to that Guessing Period.  The potential winner will receive a text message at the wireless number used to submit the entrant’s guess from Sponsor informing the entrant that he or she has correctly guessed the password for the Locked Account and instructing the potential winner to follow the instructions to contact Chipotle to claim the prize.  Time is of the essence in awarding each prize.  If, despite reasonable efforts, a potential winner 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 winner, such potential winner may forfeit his or her prize and an alternate winner may be selected.  If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.  Sponsor will first attempt to notify the next fastest entrant to correctly guess the applicable password, if any.  If no other users correctly guessed the applicable password, then the applicable prize may go unawarded.

5.     PRIZES/ODDS: For each Guessing Period, there is one (1) prize available.  Each prize consists of fifty-two (52) Chipotle Rewards credits for one (1) free guacamole.  A Chipotle Rewards account is required to claim the prize.  If the winner does not have a Chipotle Rewards, the winner can create a free account at the time the prize is claimed.  The total approximate retail value (“ARV”) of each prize is One Hundred and Eighteen Dollars ($118).  The total ARV of all prizes awarded in the Promotion is Seven Hundred and Six Dollars ($706).  Many will enter, but only one (1) prize is available per Guessing Period.  Odds of winning depend on how quickly an eligible entrant is able to come up with and text the correct entry for each Guessing Period.

6.     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 Promotion 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 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 may 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 Promotion.  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 Promotion, 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 Promotion, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, social media tag, likeness, and biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, to advertise, market and promote Chipotle or the Promotion or other promotions, and each entrant and/or prize winner(s) hereby release the Promotion Entities from any liability with respect thereto.

7.     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 Promotion or any Promotion-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 participating in the Promotion or otherwise participating in the Promotion, 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 Promotion, 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 Promotion, 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 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 Sponsor’s 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.  In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Promotion 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 Sponsor reserves the right to modify, suspend, or terminate the Promotion.  If the Promotion is terminated before the designated end date, Sponsor may (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.

8.     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 PROMOTION 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.

9.     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, the Promotion Entities relating to, arising out of or connected in any way with (a) the Promotion, (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 Promotion; (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) 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 (ix) 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.

10.  INSTAGRAM RELEASE AND DISCLAIMER.  Each entrant (and any minor entrant’s parent or legal guardian) acknowledges and agrees that this Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. By entering the Promotion 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 Promotion. Any questions, comments or complaints regarding the Promotion 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.

11.  SPONSOR. CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1400, Newport Beach, California, 92660.

12.  WINNERS LIST:  To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: The Chipotle Unlock the Guac Promotion 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.