The Chipotle Evo Arcade Pin Promotion
TERMS AND CONDITIONS
AVAILABLE WHILE SUPPLIES LAST – 1,000 PINS AVAILABLE. The “Chipotle Evo Arcade Pin” Promotion (the “Promotion”) begins on or about August 4, 2023 and ends on August 6, 2023 (the “Promotion Period”). The Promotion is scheduled to take place during the Evo 2023 event (the “Event”) which is scheduled to take place in Las Vegas, Nevada at the Mandalay Bay Convention Center at the Chipotle booth. 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 each participant agrees to be bound by these terms and conditions (“Terms”). Officers, directors and employees of Sponsor and each of its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Promotion are collectively referred to herein as the “Promotion Entities”.
During the Promotion Period, up to the first one thousand (1,000) eligible participants (the “Cap”) will have the opportunity to obtain one (1) Chipotle pin (each, a “Pin”) by taking the following steps: (i) posing in an original photo of the participant in front of the Chipotle Photo Opp wall at the Event that complies with the “Submission Requirements” (as defined below); and (ii) posting the photo on the participant’s Instagram or Twitter account tagging @Chipotle on Instagram and @ChipotleTweets on Twitter and incorporating the hashtag #ChipotlePromotion (the “Submission”). Submissions must be published as “public posts” to be eligible to participate. The Submission must meet the following “Submission Requirements”: (i) the Submission must be the submitting participant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties (other than the Chipotle logo and Street Fighter 6 IP); (ii) the participant should either be the only person who appears in the video or, if anyone else appears in the photo, the participant must obtain written permission from that person or those people to include them in the photo, and if Sponsor asks to see the written permissions, the participant must provide them upon request; and (iii) the Submission must not include images that are deemed by the Sponsor to be obscene, pornographic, libelous or otherwise objectionable. Once a participant publishes a Submission and shows the Submission to one of Sponsor’s representatives at the Chipotle Booth, the participant will receive one (1) Pin if Participant is within the Cap. If the Cap has been reached, Participant will not receive anything. Limit one (1) Pin per eligible participant per day.
The Promotion is open only to legal residents of the fifty (50) United States and Washington, D.C., and Canada who are physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. territories and possessions) who are physically present at the Event. Each participant must be at least thirteen (13) years of age at the time of entry. Minors must have consent from their parent or legal guardian to participate.
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.
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.
Sponsor assumes no responsibility for any damage to a participant’s, or any other person’s, computer or mobile device which is occasioned by 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.
The Promotion Entities assume no responsibility for any malfunctions, errors or failures that are human or technical in nature. Without limiting the generality of the foregoing, the Promotion Entities are 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.
RIGHTS IN SUBMISSIONS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each participant (and any minor participant’s parent or legal guardian) hereby irrevocably grants to the Contest Entities, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Submission, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. The Contest Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which the Contest Entities deem necessary or desirable, and each participant irrevocably waives any and all so-called “moral rights” they may have therein. The Contest Entities shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements or even if it determined that the participant who made the Submission is ineligible to enter the Contest.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each participant (and any minor participant’s parent or legal guardian) represents and warrants as follows: (i) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Submission meets the Submission Requirements, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each participant (and any minor participant’s parent or legal guardian) agrees to indemnify the Contest Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by participant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by participant while participating in the Contest.
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, the Promotion Entities relating to, arising out of or connected in any way with (a) the Promotion, and/or (b) 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 or any Promotion Entity’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 any Promotion Entity; (viii) if the participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor (or the applicable Promotion Entity) 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.