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.
1. No purchase necessary to participate. Void where prohibited. Ordinary mobile service and text message charges apply.
2. 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 announcer or other participant specified by Chipotle says the keyword specified by Chipotle in announcing the freeting promotion, a message will be posted to the @chipotletweets Twitter handle. The message will include an alphanumeric code and identify the number of free entrée offers that are available (each, a “Redemption Limit”). Entries can then be submitted by texting the alphanumeric code announced on @chipotletweets in conjunction with the offer, to 888222. No other method of entry permitted. Promotion limited to the number of in-Event keyword mentions specified by Chipotle, unless extended by Chipotle in its sole discretion. All determinations by Chipotle, including determinations as to whether a use of the keyword qualifies for the promotion, are final and binding and not subject to challenge or appeal.
3. 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, the number of times the keyword is used during the Event and the number of entries received. The number of Redemption Codes that are available is limited as specified by Chipotle, subject to the availability of additional Redemption Codes pursuant to bonus offers initiated by Chipotle in its sole discretion. Chipotle is not responsible for late, misdirected, corrupted, or incomplete entries. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.
4. 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.
5. 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.
6. 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.
7. Chipotle assumes no responsibility for any malfunctions, errors or failures that are human or technical in nature. Without limiting the generality of the foregoing, Chipotle 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. 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.
8. 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 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 and/or Chipotle’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 Chipotle; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Chipotle 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 neither entrant nor Chipotle shall be entitled to arbitrate their dispute. For more information on the rules of JAMS, visit their website at www.jamsadr.com.
9. 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 Twitter or by any other third party unless otherwise disclosed by Chipotle. Except as otherwise disclosed by Chipotle, the use of any trade name or trademark of Twitter or any other third party is for identification and reference purposes only and does not imply any association between the trademark owner and Chipotle.