THE "FREEPOTLE" PROMOTION
OFFICIAL RULES
NO PURCHASE OR ORDER NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. PROMOTION DESCRIPTION: The “Freepotle” Promotion (the “Promotion”) begins on or about January 9, 2023 at 12:01 a.m. Pacific Time (“PT”) and ends on January 15, 2023 at 11:59 p.m. PT (the “Promotion Period”) and will consist of two (2) sets of independent drawings. During the Promotion Period, entrants have the opportunity to enter a sweepstakes drawing (the “Freepotle Sweepstakes”) by either making a purchase or submitting their information to sweepstakes@chipotle.com as described in greater detail in Section 3 below. Additionally, each day between January 9, 2023 and January 13, 2023 (the “Prize Wheel Promotion Period”) at approximately 9:00 a.m. PT (the “Start Time”), sponsor will conduct up to ten (10) independent drawings (each, a “Prize Wheel Drawing”) during live streams on the Chipotle Instagram and TikTok accounts as described in greater detail 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.
2. ELIGIBILITY: Only legal residents of Canada and the fifty (50) United States and District of Columbia who are at least thirteen (13) years of age or older at the time of entry who have a free Chipotle Rewards account are eligible to enter. Minors must get their parent or legal guardian’s permission to enter. Officers, directors and employees of Sponsor, and each of Sponsor’s 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. If an entrant does not have a Chipotle Rewards account, the entrant can create one for free at www.chipotle.com/rewards; participation in the Chipotle Rewards program is subject to the Chipotle Rewards Terms and Conditions (https://www.chipotle.com/about-us/rewards-terms).
3. HOW TO ENTER: Entrants can enter the Promotion in the following ways:
a. The Freepotle Sweepstakes:
i. By Making a Purchase: During the Promotion Period (i.e., January 9, 2023 at 12:01 a.m. PT - January 15, 2023 at 11:59 p.m. PT), entrants will receive one (1) entry in the Freepotle Sweepstakes by making a purchase of at least Five Dollars ($5.00): (i) at participating Chipotle restaurants in the United States and Canada by scanning their Rewards member ID; or (ii) by placing an online order for either pickup or delivery using the Chipotle App or the Chipotle website while logged into their Chipotle Rewards account.
ii. Without Making a Purchase: During the Promotion Period (i.e., January 9, 2023 at 12:01 a.m. PT - January 15, 2023 at 11:59 p.m. PT), send an email to sweepstakes@chipotle.com using the email address associated with your free Chipotle Rewards account, with your first and last name, age, address, country of residence, daytime telephone number, the email associated with your Chipotle Rewards account and Chipotle Rewards Loyalty ID number. To locate your Chipotle Rewards Loyalty ID number on the Chipotle App, open the Chipotle App, touch “Scan” and a member card will be displayed; your Chipotle Rewards Loyalty ID number is the alphanumeric code beneath your name. To locate your Chipotle Rewards Loyalty ID number on the Chipotle website, sign into your Chipotle Rewards account on the Chipotle website, click on your account, and select “personal and preferences”; your Chipotle Rewards Loyalty ID Number is the alphanumeric code on this page. Be sure to write “Freepotle Sweepstakes” in the e-mail subject line. If you send an email that conforms to these requirements, you will receive one (1) entry in the Freepotle Sweepstakes. If your email does not correspond to a Chipotle Rewards account, you will not receive an entry.
iii. Limit one (1) entry per eligible entrant per day for a maximum total of seven (7) entries in the Freepotle Sweepstakes, regardless of the method of entry. By entering the Freepotle Sweepstakes, entrants will not be entered into any Prize Wheel Drawing.
b. The Prize Wheel Drawings: During the Prize Wheel Promotion Period (i.e., January 9, 2023 - January 13, 2023), Sponsor will hold up to ten (10) independent Prize Wheel Drawings. Each day during the Prize Wheel Promotion Period, Sponsor is scheduled to host a live stream on the @chipotle Instagram account and the @chipotle TikTok account (each, a “Stream”) beginning at the Start Time. Sponsor is scheduled to conduct one (1) Prize Wheel Drawing during each Stream (i.e., one (1) Drawing on Instagram and one (1) Drawing on TikTok). The entry period for each Prize Wheel Drawing begins at the Start Time and ends when a winner has been selected (the “Entry Period”). To enter any of the Prize Wheel Drawings, tune into the Streams during the Prize Wheel Promotion Period during an applicable Entry Period and enter a comment with the word “Freepotle” and you will receive one (1) entry into the applicable Drawing on the social network where you entered a comment. During each Entry Period, Sponsor will randomly select entrants to be featured during the Stream. For each entrant selected, Sponsor will spin a prize wheel one (1) time. If the prize wheel lands on the silver burrito which denotes “free Chipotle for a year”, the selected entrant will be eligible to receive the Prize Wheel Drawing Prize set forth in Section 5, subject to winner verification. If the prize wheel does not land on “free Chipotle for a year”, the selected entrant will be disqualified and Sponsor will randomly select an alternate entrant from the comments and conduct one (1) prize wheel spin. This process will repeat until a prize wheel spin lands on “Chipotle for a year”. Limit one (1) entry per eligible entrant per social network per Prize Wheel Drawing. Nonwinning entries are not entered into subsequent Prize Wheel Drawings.
All entries for the Freepotle Sweepstakes must be received by the end of the Promotion Period in order to participate. All entries for the Prize Wheel Drawings must be received by the end of the applicable Entry Period in order to participate. Sponsor’s database clock will be the official timekeeper for this Promotion. Proof of entering a comment, making a purchase, or sending an email is not considered proof of delivery to or receipt by Sponsor of such entry. Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Promotion will be used only to administer the Promotion, for the purposes described in these Official Rules, or as otherwise required or permitted by law, and you consent to Sponsor using and disclosing your personal information for these purposes. Your personal information will be processed in accordance with Sponsor’s privacy policy located at https://www.chipotle.com/about-us/privacy-policy.
Entry must be made by the entrant, only through the entry methods described above. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, 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 utilized in the Promotion or by any technical or human error which may occur in the 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.
4. WINNER SELECTION AND NOTIFICATION:
Freepotle Sweepstakes: At the end of the Promotion Period, Three Thousand One Hundred (3,100) winners will be randomly selected in a drawing from all eligible Freepotle Sweepstakes entries received throughout the Promotion Period. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. A potential winner may be notified by e-mail using the contact information given at the time of entry or associated with the Chipotle Rewards account.
Prize Wheel Drawing: During each Prize Wheel Drawing, one (1) entrant per social network whose prize wheel spin lands on the silver burrito denoting “Chipotle for a year” will be a potential winner of the prize described in Section 5. The host of the Stream will request that each potential winner send a direct message to @Chipotle on Instagram or TikTok (as applicable) from the account that they used to enter the Prize Wheel Drawing to complete the winner verification process.
General: 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 the time period specified in the prize notification, or if the prize or prize 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. Sponsor may successively attempt to contact up to two (2) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.
5. PRIZES/ODDS:
Limit one (1) prize per eligible entrant in this Promotion.
Freepotle Sweepstakes: Three Thousand One Hundred (3,100) prizes are available. Each prize consist of one (1) “Chipotle for a Year Prize” as defined below. Each “Chipotle for A Year Prize” consists of Chipotle Rewards credits good for one (1) free regular entrée item per week for a year, or a total of up to fifty-two (52) regular entrée items (the “Chipotle for a Year Prize”). The approximate retail value (“ARV”) of each Chipotle for a Year Prize is Five Hundred and Seventeen Dollars and Forty Cents ($517.40). The total ARV of all prizes awarded in the Freepotle Sweepstakes is $1,603,940.00. Many will enter, only three thousand one hundred (3,100) entrants will win. Actual odds of winning depend on the number of eligible entries received in the Freepotle Sweepstakes.
Prize Wheel Drawing: One (1) Chipotle for a Year prizes is available per Prize Wheel Drawing per social network. The ARV of each Chipotle for a Year Prize Five Hundred and Seventeen Dollars and Forty Cents ($517.40). Many will enter, only one (1) entrant will win in each Prize Wheel Drawing. Actual odds of winning depend on the number of eligible entries received during each Entry Period for the applicable Prize Wheel Drawing.
For clarity purposes, “regular entrée item” means a burrito, burrito bowl, quesadilla (only available through digital orders), single order of tacos, or salad, subject to availability. Does not include kids’ meals or three pointers. The Chipotle Rewards credits will expire one (1) year from the date that the Chipotle Rewards credits are delivered to a Chipotle Rewards account. A Chipotle Rewards account is required to claim the prize.
No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Applicable portions of prizes will be delivered only to an address in the United States.
6. GENERAL PRIZE CONDITIONS: Prizes will be awarded only if each potential prize winner fully complies with these Official Rules. All portions of the prize(s) 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 prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. 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 prize(s) 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 may 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 a winner is a minor at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) 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. For Canadian entrants only: A potential winner may be required to provide the correct answer to a mathematical skill-testing question (unaided and within a reasonable time as specified by Sponsor or its designee).
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.
7. GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants (and any minor entrant’s parent or legal guardian) agree that Sponsor (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 or mobile device which is occasioned by participating in the Promotion 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 submissions 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, 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. 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 prizes 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, 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. If the Promotion is terminated before the designated end date, Sponsor may (if possible) select the winners or remaining winners, as the case may be, of the affected 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 prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). 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 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 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.
8. 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.
9. 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 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 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.
10. SOCIAL NETWORK RELEASE AND DISCLAIMER: Each entrant (and any minor entrant’s parent or legal guardian) acknowledges and agrees that this Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or TikTok. By entering the Promotion each entrant (and any minor entrant’s parent or legal guardian) hereby releases and agrees to hold harmless each of Instagram and TikTok completely from any liability in respect of the Promotion. Use of the Instagram service will be subject to Instagram’s data policy and terms of use, which are available at: https://help.instagram.com/155833707900388 and https://help.instagram.com/581066165581870?ref=dp. Use of TikTok will be subject to TikTok’s privacy policy and terms of service, which are available at: https://www.tiktok.com/legal/privacy-policy?lang=en and https://www.tiktok.com/legal/terms-of-use?lang=en. Any questions, comments or complaints regarding the Promotion will be directed to the Promotion Entities and not Instagram or TikTok.
11. WINNERS LIST: To obtain a copy of any legally required winners list, send a self-addressed stamped envelope to: The “Freepotle Promotion” Winners List, CMG Strategy Co., LLC, 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.