The “Chipotle x Poppi No Quitters Day” Promotion
Terms and Conditions
AVAILABLE WHILE SUPPLIES LAST. Ordinary mobile service and text messages charges apply. The “Chipotle Lifestyle Bowl and Popi” Promotion (the “Promotion”) begins on or about January 29, 2025 at approximately 12:01 am Pacific Time (“PT”) and is scheduled to end the later of (i) January 29, 2025 at 11:59 p.m. PT; or (ii) when all “Codes” (as defined below) have been claimed (the “Promotion Period”). The Sponsors of this Promotion is CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1400, Newport Beach, CA, 92660 and VNGR Beverage d/b/a Poppi, 31 Navasota Street, Suite 270, Austin, TX 78702 (collectively, “Sponsor”). By participating in the Promotion participants agree to be bound by these terms and conditions (“Terms”).
During the Promotion Period, Poppi will publish a post on their official account on Instagram (the “Promotion Post”) featuring a unique keyword (the “Keyword”). Once a Promotion Post is published, eligible participants can send a text message with the Keyword to the short code 888222 (the “Short Code”). Up to the first thirty thousand (30,000) eligible participants who send a text message with the Keyword to the Short Code will receive a text message with one (1) credit valid for one (1) Poppi drink with the purchase of a Chipotle Lifestyle Bowl (the “Code”). The period to claim the Codes will begin when the Promotion Post first appears and will end the earlier of (i) when all Codes have been claimed; or (ii) at the end of the Promotion Period. Limit one (1) Code per phone number.
Each Code can be redeemed on orders placed at participating Chipotle restaurants or by placing an order through the Chipotle App or on the Chipotle website at participating Chipotle restaurants. Codes cannot be redeemed on orders placed via third-party delivery platforms. Gratuities and any sides or extras are not included and are the responsibility of the customer. Redemption is subject to availability. Not valid on catering orders. Offer cannot be combined with any other coupons, promotions, or special offers. Codes expire on January 29, 2025. Limit one (1) Code per order.
The Promotion is open only to legal residents of the fifty (50) United States and Washington, D.C., who are physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. territories and possessions). 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. Your personal information will be processed in accordance with Sponsor’s privacy policy; the privacy policy for residents of the United States is located at: https://www.chipotle.com/about-us/privacy-policy.
The total approximate retail value (“ARV”) of each Code is $3.60. Any applicable taxes are the sole responsibility of the recipients. Text messages must be sent from a mobile number issued within the United States in order to be eligible for a Code. No substitution or transfer of the Codes is permitted; other restrictions apply. Codes cannot be redeemed for cash.
By sending a text message to the Short Code, each participant agrees to receive one (1) 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.
The text message participation method 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. Participants should check their phone’s features to see if they have that capability. Wireless service providers may charge participants for each text message, including any error message, that is sent and received in connection with the Promotion. Participants should consult their wireless service provider’s pricing plan for details.
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. If Sponsor is prevented from distributing the Codes 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, Game cancellation or scheduled change, 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.
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.
Arbitration Procedure: If the disagreement stated in the Demand is not resolved to your satisfaction within ten (10) business days after the conference described above (or within ten [10] business days after the time when such a conference may be requested if no conference has been requested), the Promotion Dispute (1) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “Arbitrator”) and conducted before a sole arbitrator in accordance with the AAA Consumer-Rules (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (2) 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; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by these Official Rules and any of the other agreements referenced herein that the applicable user may have entered into; (5) the arbitrator shall apply Colorado law, without regard to its choice of law or conflict of law rules or principles that would result in applying the law of any other jurisdiction, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Promotion Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated unless the Mass Arbitration provisions set forth below are triggered; (7) the arbitrator shall not have the power to award punitive damages against you or any Promotion Entity; (8) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor or its designee will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) 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 (6) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the affected Promotion Entity shall be required 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 that will honor the requirements set forth above.
Mass Arbitration:
If, at any time, 25 or more claimants (including you) submit Demands that are not resolved through the pre-arbitration dispute resolution or seek to file demands for arbitration raising similar claims against any Sponsor, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and the Sponsor agree that AAA shall not serve as Arbitrator and that instead NAM shall administer any Mass Filing claims and that the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of your dispute might be delayed.
Stage One: Counsel for the claimants and counsel for the Sponsor shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and the Sponsor will pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for the Sponsor shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and the Sponsor will pay the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for the Sponsor shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If your Claim is not resolved as part of the staged process identified above, either:
Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. The Sponsor may opt your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor we elect to have your Claim heard in court consistent with Option One, then you agree that your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim will proceed in a court of competent jurisdiction consistent with these Official Rules.
You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Mass 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 unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.