The Chipotle Get In the Pit Promotion
OFFICIAL RULES
NO PURCHASE OR ORDER NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
PROMOTION DESCRIPTION: The “Chipotle Get in the Pit” Promotion (the “Promotion”) is scheduled to begin on or about July 31, 2023 at approximately 10:01 a.m. Eastern Time (“ET”) and ends on or about July 31, 2023 at approximately 9:59 p.m. ET (the “Promotion Period”). During the Promotion Period, a series of up to thirteen (13) independent drawings (each, a “Drawing”) are scheduled to take place in accordance with the schedule set forth in Section 3 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.
ELIGIBILITY: Only legal residents of the fifty (50) United States and District of Columbia who are at least eighteen (18) years of age or older at the time of entry are eligible to enter. Officers, directors and employees of Sponsor, Peruvian Avocado Commission, and each of of their respective 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. A free Threads account is required to participate in the Promotion. If an entrant does not have a Threads account, the entrant can create one for free by downloading the Threads app where mobile software applications are available.
HOW TO ENTER & WINNER SELECTION: During the Promotion Period, a series of Drawings are scheduled to take place in which Sponsor will select a winner based on the numeric order in which a text message is received as outlined in this section. Each Drawing will be announced by a post on the official Chipotle Threads account (each, a “Promotion Post”). Each Promotion Post will include the following information: (i) a unique keyword (“Keyword”); and (ii) the winning numeric order of text message sent by entrants (e.g., the 4,781st message received by Sponsor) (the “Winning Number”). The entry period for each Drawing begins when the Promotion Post is published and ends when the text message that corresponds to the Winning Number has been received by Sponsor (the “Entry Period”). To enter any of the Drawings, during the Entry Period send a text message with the Keyword to the short code 888222 (the “Short Code”). By sending a text message with the Keyword to the Short Code during the Entry Period, eligible entrants will receive one (1) entry into the Drawing.
For each Drawing, the entrant whose text message corresponds to the Winning Number received by Sponsor will be the potential winner. Each potential winner will receive a text message and will be instructed to email getinthepit@chipotle.com with their winning phone number to start claiming their prize and provide additional information. Time is of the essence in awarding each prize.
Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the prize notification, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will 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. Such potential alternate winner will be contacted by telephone call using the number that the entrant used to enter the Drawing. Sponsor may successively attempt to contact up to two (2) potential winners of an applicable prize in accordance with such procedure, and if there is still no confirmed winners of such applicable prize after such attempts have been made, if any, the corresponding prize may go unawarded.
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. Proof of text messaging the Short Code is not considered proof of delivery to or receipt by Sponsor of such entry.
NOTE: By submitting an entry via text message, entrants are giving their express authorization to receive future mobile service commercial messages from Sponsor. Entrants will be provided with an opportunity to opt out in all subsequent commercial messages. Wireless service providers may charge entrants for each text message, including any error message, that is sent or received.
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 web site or e-mail address or 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 used in the Promotion or by any technical or human error which may occur in 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.
PRIZES/ODDS: Thirteen (13) prizes are available; one (1) prize is available per Drawing.
Each Prize consists of two (2) tickets for the winner and one (1) guest to a concert of the winner’s choice (the “Concert”) that complies with the “Concert Specifications” (as defined below). The winner must select a Concert that complies with the following “Concert Specifications”: (i) the Concert must be scheduled to take place in the fifty (50) United States or the District of Columbia between August 10, 2023 and December 31, 2023 (Sponsor reserves the right to modify these dates); (ii) tickets must be available for purchase through one of the following ticketing providers: Ticketmaster, AXS, StubHub, SeatGeek, or Vivid Seats; (iii) the total value of each ticket (including all taxes and fees) must not exceed Five Thousand Dollars ($5,000); and (iv) the artist or artists featured at the Concert must not have a public history of promoting violence, illegal activity, or any form of discrimination, as determined by Sponsor in its sole discretion. For clarification and the removal of doubt, the prize does not include the following: (i) transportation for the prize winner or guest to the Concert; or (ii) or accommodations, ground transportation and any other incidental expenses incurred in connection with attending the Concert. All arrangements and expenses associated with travel to and from the Concert and accommodations, ground transportation and any other incidental expenses incurred in connection with the Concert are the sole responsibility of the winner and the winner’s guest. An account on the ticket marketplace website may be required to claim the prize.
In addition to the prize, the Promotion Entities will provide the verified winner with a single cash payment of up to Forty percent (40%) of the value of the Concert tickets (based on the final purchase price) 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 Forty percent (40%) of the value of the Concert tickets. The approximate retail value (“ARV”) of each prize is up to $14,000.00. 
Actual odds of winning depend on the number of eligible entries received.
During the winner verification process, each potential winner will be asked to identify three (3) Concerts in order of preference. Sponsor will use commercially reasonable efforts to purchase two (2) tickets (each with a value of up to Five Thousand Dollars ($5,000) [the “Maximum Value”]) to the Concert selected by each winner. Concert tickets are subject to availability and Sponsor does not guarantee that Sponsor will be able to purchase tickets to the winner’s chosen Concert, or the location, view, or class of the seat type. If Sponsor is unable to purchase tickets within the Maximum Value threshold for a potential winner’s first choice Concert, Sponsor will attempt to purchase tickets to the second and third choice Concerts, successively. If within thirty (30) days of the winner notification, Sponsor is unable to purchase tickets at any of a potential winner’s top three Concerts, then in lieu of attending the Concert, the potential winner will receive One Hundred Dollars ($100), and such amount shall constitute full satisfaction of Sponsor’s prize obligation to the winner, and no other or additional compensation will be awarded.
Each prize winner’s guest must be eighteen (18) years of age or older, or if such travel companion is under the age of majority in his or her state of residence (a “minor”), the prize winner must be such minor’s parent or legal guardian, or such guest must attend the Concert with the written permission of such parent or legal guardian in form and substance acceptable to Sponsor in its sole discretion. If the prize winner is a minor, his or her guest must be his or her parent or legal guardian.
In the event that the Concert does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, an event of “Force Majeure” (defined below), or for any other reason, then in lieu of attending the Concert, the winner will receive One Hundred Dollars ($100), and such amount shall constitute full satisfaction of Sponsor’s prize obligation to the winner, and no other or additional compensation will be awarded.
No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The total ARV of all prizes awarded in this Promotion is up to $182,000.00.
GENERAL PRIZE CONDITIONS: Prizes will be awarded only if each 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 prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes 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. Each prize 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. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to each prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of each prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in each prize winner forfeiting the prizes and an alternate potential winner may be selected in accordance with these Official Rules. Sponsor will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. Each 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 any potential winner 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, SUCH PRIZES ARE 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.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Each entrant agrees that the Promotion Entities (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 accessing the Website 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 entries 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 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 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 may 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 the prize or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), 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(s) 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 the prize described in these Official Rules will be awarded. 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 Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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 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.
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 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 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 California 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 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 entrant 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, you may file your case with any national arbitration company.
SOCIAL NETWORK RELEASE AND DISCLAIMER. Each entrant acknowledges and agrees that this Promotion is in no way sponsored, endorsed or administered by, or associated with Threads. By entering the Promotion each entrant hereby releases and agrees to hold harmless Threads completely from any liability in respect of the Promotion. Use of Threads will be subject to Threads’ privacy policy and terms of service, which are available at: https://help.instagram.com/515230437301944/?helpref=uf_share and https://help.instagram.com/769983657850450/?helpref=uf_share. Any questions, comments or complaints regarding the Sweepstakes will be directed to the Promotion Entities and not Threads.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally required winners list, send a self-addressed stamped envelope to: The Chipotle Get in the Pit Promotion Winners List, 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.