The Chipotle Holiday Extravaganza promotion (the “Promotion”) is conducted by CMG Strategy Co., LLC d/b/a Chipotle Mexican Grill (“Chipotle”), on the terms and conditions (the “Terms”) set forth below. By participating in this Promotion or sending a text message, participants agree to be bound by these Terms.
1. No purchase necessary to participate in the Promotion. Void where prohibited. Normal mobile service and text message charges apply. The Promotion is open to legal residents of the fifty (50) United States and District of Columbia who are at least thirteen (13) years of age at the time of participation.
2. Between December 9, 2019 and December 13, 2019 (the “Promotion Period”), Chipotle will make a series of posts (each, a “Post”) to the official Chipotle Instagram account @chipotle (www.instagram.com/chipotle) that include unique alphanumeric codes (each, a “Code”). Each Post will include a call to action inviting participants to send a text message with the Code to 888-222. For each Post, up to the first five hundred (500) participants (or other number identified in the Post) who send a text message to 888-222 with the applicable Code after the Post is published will receive a text message containing a redemption code (each, a “Redemption Code”) that can be redeemed on digital (web and mobile) orders only for one (1) free regular menu entrée item from participating Chipotle restaurants in the United States. For clarity purposes, “regular menu entrée item” means a burrito, burrito bowl, single order of tacos, or a salad, subject to availability. The Code will automatically expire once five hundred (500) participants (or other number identified in the Post) have received Redemption Codes for the applicable Post. Redemption Codes are valid only on digital (web and mobile) orders from participating Chipotle restaurants in the United States until December 31, 2019 or the deadline specified on the Redemption Code, if earlier. Use of Redemption Codes for in-restaurant orders or on third party delivery platforms is prohibited. Redemption Codes may not be used or combined with any other coupons, discount codes, promotions, or special offers, and will not be replaced if lost or stolen. Redemption Codes that are reproduced, copied, altered, shared, will be void.
By sending a text message to 888-222, each participant agrees to receive one (1) autodialed marketing 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.
3. No substitution for or transfer of Redemption Codes is permitted. The Redemption Codes have no cash value and Redemption Codes may not be redeemed for cash. Redemption Codes must be used by December 31, 2019 or the deadline specified on the Redemption Code, if earlier, or the Redemption Codes will expire. If a participant receives a Redemption Code, the participant is not eligible to receive additional Redemption Codes during the Promotion Period. Any applicable taxes are the sole responsibility of the recipients of the Redemption Codes.
4. Chipotle reserves the right to implement policies and procedures as may be necessary to enforce compliance with these Terms. 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.
5. Participants (and any minor participant’s parent or legal guardian) agree that each of Chipotle and Instagram (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 participants’ acceptance, receipt, possession and/or use or misuse of any Redemption Code, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Redemption Code. Chipotle assumes no responsibility for any damage to a participant’s, or any other person’s, mobile device which is occasioned by sending a text message to try to obtain a Redemption Code 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.
6. 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 text message submission process or the operation of the Promotion, to be acting in violation of these Terms, or to be acting in a 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.
7. 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 entrant may have with, or claims participant may have against, Chipotle 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 Terms 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 participant’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 participant 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 participant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the participant 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 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 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.
8. 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 Instagram. Except as otherwise disclosed by Chipotle, the use of any trade name or trademark of Instagram or any other third party is for identification and reference purposes only and does not imply any association between the trademark owner and Chipotle.