THE "CHIPOTLE FREE POINTER" PROMOTION
TERMS AND CONDITIONS
UPDATED JUNE 6, 2023
AVAILABLE WHILE SUPPLIES LAST. Ordinary mobile service and text messages charges apply. The “Chipotle Free Pointer” Promotion (the “Promotion”) begins on or about June 1, 2023 at approximately 12:01 am Pacific Time (“PT”) and is scheduled to end the later of (i) June 18, 2023 at 11:59 p.m. PT; or (ii) when all “Entrée Codes” (as defined below) have been claimed (the “Promotion Period”). The Promotion is scheduled to take place during the live television broadcast of certain games (each, a “Game”) that are played as a part of the 2023 men’s United States professional basketball finals. Game dates are subject to schedule changes and may be cancelled or change without notice. The Sponsor of this Promotion is CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1400, Newport Beach, CA, 92660 (“Sponsor”). By participating in the Promotion participants agree to be bound by these terms and conditions (“Terms”).
During the live broadcast of each Game, when a player on either team scores a three (3) point shot* (up to thirty-five (35) three point shots per Game), a message featuring a unique keyword (the “Keyword”) will be posted to the @chipotletweets Twitter account (each, a “Promotion Tweet”). Once a Promotion Tweet is published, eligible participants can send a text message with the Keyword to the short code 888222 (the “Short Code”). Up to the first three hundred (300) eligible participants who send a text message with the Keyword to the Short Code will receive a text message with one (1) credit valid for one (1) regular entrée item (the “Entrée Code”). The period to claim the Entrée Codes will begin when each Promotion Tweet first appears and will end the earlier of (i) when all Entrée Codes have been claimed; or (ii) at the end of the Game. Limit one (1) Entrée Code per phone number per Game. *To qualify as a three point shot, the three point shot must (i) count toward the score of the Game; and (ii) not be disqualified by a referee.
Third Party Tweets
During the Promotion Period, certain third party Twitter accounts may publish a Tweet with a Keyword (each, a “3P Promotion Tweet”). Once a 3P Promotion Tweet is published, eligible participants can send a text message with the Keyword to the Short Code. The first eligible participants who send a text message with the Keyword to the Short Code up to the limit stated in the 3P Promotion Tweet, will receive a text message with one (1) Entrée Code. The period to claim the Entrée Codes will begin when each 3P Promotion Tweet first appears and will end the earlier of (i) when all Entrée Codes have been claimed; or (ii) at the end of the Promotion Period. Limit one (1) Entrée Code per phone number per 3P Promotion Tweet.
Each Entrée Code can be redeemed by placing an order through the Chipotle App or on the Chipotle website during normal business hours. Limit one (1) Entrée Code per transaction. Entrée Codes expire on June 30, 2023. For clarity purposes, “regular menu entrée item” means a burrito, burrito bowl, single order of tacos, quesadilla (only available via the Chipotle App or on the Chipotle website), or a salad, subject to availability. Gratuities, and any sides or extras are not included and are the responsibility of the customer. Additional cost for Guacamole, Queso Blanco, extra protein or other premium add-ons. Redemption is subject to availability. Not valid on catering orders or delivery orders through third-party platforms. Restrictions may apply to use with other coupons, promotions, or special offers.
The total approximate retail value (“ARV”) of each Entrée Code is Nine Dollars and Forty-One Cents ($9.41). Any applicable taxes are the sole responsibility of the recipients. Text messages must be sent from a mobile number issued within the United States in order to be eligible for an Entrée Code. No substitution or transfer of the Entrée Codes is permitted; other restrictions apply. Entrée Codes cannot be redeemed for cash.
By sending a text message to the Short Code, each participant agrees to receive one (1) message to the mobile number used to send the text message. Message and data rates may apply. Text STOP to quit. Text HELP for help. Contact Customer Service for additional support: https://chipotle.com/contact-us.html#report-an-issue.
The text message participation method 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. Participants should check their phone’s features to see if they have that capability. Wireless service providers may charge participants for each text message, including any error message, that is sent and received in connection with the Promotion. Participants should consult their wireless service provider’s pricing plan for details.
Sponsor reserves the right to implement policies and procedures as may be necessary to enforce compliance with these Terms. 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 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. If Sponsor is prevented from distributing the Entrée Codes 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, provincial, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, Game cancellation or scheduled change, 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.
Sponsor assumes no responsibility for any malfunctions, errors or failures that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not 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. 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 Terms, 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 participant (and any minor participant’s parent or legal guardian) agrees: (i) that any and all disputes the participant may have with, or claims participant may have against, Sponsor relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any Entrée 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 AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (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 Terms and any of the other agreements referenced herein that the applicable participant 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 participant’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 participant or Sponsor; (viii) if the participant 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 participant’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 AAA, 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 participant nor Sponsor shall be entitled to arbitrate their dispute. If, for any reason, the American Arbitration Association is unable or unwilling to conduct the arbitration, participant may file your case with any national arbitration company.
The Promotion is not affiliated with or authorized, endorsed or sponsored by the National Basketball Association (“NBA”), any of its affiliates or any NBA team or personnel. The use of any trade name or trademark of the NBA is for identification and reference purposes only and does not imply any association between the trademark owner and Sponsor.