The “Chipotle No Quitters Day National Challenge Sweepstakes” Sweepstakes
OFFICIAL RULES
NO PURCHASE OR ACTIVITY NECESSARY. NEITHER A PURCHASE NOR AN ACTIVITY WILL IMPROVE YOUR CHANCE OF WINNING.
PROMOTION DESCRIPTION: The “Chipotle No Quitters Day National Challenge Sweepstakes” Sweepstakes (the “Sweepstakes”) begins on or about January 15, 2024 at 12:01 a.m. Pacific Time (“PT”) and ends on January 28, 2024 at 11:59 p.m. PT (the “Promotion Period”). Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, 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 U.S. residents of the fifty (50) United States and District of Columbia who are at least thirteen (13) years of age at the time of entry and who have a Strava account (each, an “Account”) are eligible to enter. Officers, directors and employees of Sponsor, Strava, and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Sweepstakes (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 Sweepstakes or win a prize. This Sweepstakes is void where prohibited. If you do not have a Strava Account, you can create one for free at www.strava.com. Use of the Strava service is subject to the Strava Terms of Use: https://www.strava.com/legal/terms; and the Strava Privacy Policy: https://www.strava.com/legal/privacy.
HOW TO ENTER: Eligible entrants can enter the Sweepstakes in one of two (2) ways to enter:
· By Completing the Strava Challenge: During the Promotion Period, Sponsor will offer a challenge on Strava (the “Strava Challenge”). To participate, eligible entrants must login to their Strava Account and enroll in the Strava Challenge. To complete the challenge, entrants must complete at least twenty (20) minutes of activity (as defined in the Strava Challenge) for at least two (2) days per week during the Promotion Period. To record activity that counts towards the Strava Challenge, eligible entrants must (i) record the activity while logged into your Strava Account; or (ii) record the activity while using a fitness tracker app that is compatible with and linked to your Strava Account (the “Recording Methods”). Only activity that is recorded to your Strava Account through the Recording Methods during the Promotion Period will be counted towards your completion of the Strava Challenge. Any activity uploaded manually to the Strava app will not be counted towards the Challenge. All entrants who complete the Strava Challenge using their Strava account will receive one (1) entry into the Sweepstakes.
· Without Completing the Strava Challenge: To enter via mail (available for all eligible entrants) read these Official Rules, and then hand print in ink on a letter-size sheet of paper, your full name, complete home address and zip code, email address, month and year of birth, along with your entry. Mail your completed entry form and entry in a first-class stamped business-size envelope to: CMG Strategy Co., LLC, Attention: No Quitters Day Sweepstakes, 610 Newport Center Drive, Suite 1400, Newport Beach, California, 92660. All mail-in entries must be postmarked by January 28, 2024 and received by February 4, 2024 (the “Mail Deadline”). No metered mail will be accepted. No copies, facsimiles or mechanical reproductions will be accepted. Sponsor assumes no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail.
Limit one (1) entry per person, regardless of the method of entry. All Strava Challenge entries must be received by the end of the Promotion Period and all mail in entries must be received by the Mail Deadline in order to participate. Sponsor’s database clock will be the official timekeeper for this Sweepstakes. Proof of entering information at the Website 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 Sweepstakes will be used 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 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 Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes, 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 Sweepstakes or by any technical or human error which may occur in processing of the entries in the Sweepstakes. 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.
PRIZE DISTRIBUTION AND DESCRPTION: After the Mail Deadline, Sponsor or Strava will send all entrants who entered the Sweepstakes an email (the “Notification”) to the email address associated with the Strava Account used to enter or at the email address designated on the mail in entry. The Notification will include a code that can be redeemed for one (1) side or topping order of guac on orders placed through the Chipotle App or Chipotle.com at participating Chipotle restaurants in the United States (the “Code”). The Code can be redeemed by up to the first 75,000 entrants to place an order on the Chipotle App or Chipotle.com after receiving the Notification. Time is of the essence in redeeming the Code. The first 75,000 entrants who redeem the Code will be the winners. The Code expires on the earlier of (i) when all Codes have been redeemed; or (ii) February 12, 2024. Once the Codes have been exhausted, no additional Codes will be awarded.
Sponsor shall have no liability for any Notification that is lost, intercepted or not received by an entrant for any reason. Limit: one (1) Code per transaction. Code applies to sides and toppings only, not valid on orders of chips and guac, kids’ meals or 3 pointers. 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 or delivery orders through third-party platforms. Not valid any other coupons, promotions, or special offers.
The approximate retail value (“ARV”) of each Code redemption is $2.67. 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. The total ARV of all prizes is $200,250.00.
Actual odds of winning depend on the number of eligible entries received.
PUBLICITY RELEASE: By participating in the Sweepstakes, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in and/or winner of the Sweepstakes, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, social media tag, likeness, and biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, to advertise, market, and promote the Promotion Entities or the Sweepstakes or other promotions, and each entrant and/or prize winner(s) hereby release the Promotion Entities from any liability with respect thereto.
ASSUMPTION OF RISK: Each entrant (and any minor entrant’s parent or legal guardian) recognizes, acknowledges and accepts that there are certain risks of physical injury associated with the Strava Challenge, and voluntarily agree, as a condition of participating in the Sweepstakes, to assume the full risk of any physical or psychological injuries, costs, damages or losses, regardless of severity, that they may suffer as a result of participating in such activities. By entering into the Sweepstakes, entrant (and any minor entrant’s parent or legal guardian) acknowledges that the entrant is solely responsible for determining if they are physically fit and/or skilled enough to participate safely in the Strava Challenge. Entrant (and any minor entrant’s parent or legal guardian) is also solely responsible for determining if they need personal protective equipment to participate in the Strava Challenge. Entrant (and any minor entrant’s parent or legal guardian) recognizes that it is always advisable to consult a physician before undertaking any new physical activity. DESPITE CAREFUL AND PROPER PREPARATION, INSTRUCTION, MEDICAL ADVICE, AND CONDITIONING THERE IS A RISK OF SERIOUS INJURY INCLUDING DEATH WHEN PARTICIPATING IN SOME ACTIVITIES. NOT ALL HAZARDS AND DANGERS CAN BE FORESEEN. DEPENDING ON THE SPECIFIC ACTIVITY, CERTAIN COMMON RISKS INCLUDE BUT ARE NOT LIMITED TO DANGEROUS WEATHER AND CONDITIONS, EXPOSURE TO VIRUSES MAY BE PRESENT IN ANY ENVIRONMENT, ACTS OF GOD, INSECT OR ANIMAL BITES, PREMISES DEFECTS, AND OTHER HAZARDS COMMON TO SUCH ACTIVITIES OR SETTING. OTHER RISKS INCLUDE DEHYDRATION, INADEQUATE SUPERVISION OR INSTRUCTION, HORSEPLAY AND CARELESSNESS, POOR TECHNIQUE, OR LACK OF SKILL, LACK OF CONDITIONING, ENVIRONMENTAL HAZARDS, SUNBURN, HEATSTROKE, ALLERGIC REACTIONS, POISONING, KNOWN AND UNKNOWN HEALTH PROBLEMS, LOSS OF BALANCE, IMPACTS AND COLLISIONS, INADEQUATE OR DEFECTIVE EQUIPMENT, AND FAILURE TO WEAR SAFETY EQUIPMENT. IT IS IMPOSSIBLE FOR SPONSOR OR ANYONE ELSE TO GUARANTEE ENTRANT’S ABSOLUTE SAFETY. ACCORDINGLY, ENTRANT (AND ANY MINOR ENTRANT’S PARENT OR LEGAL GUARDIAN) HEREBY UNCONDITIONALLY AND FOREVER RELEASES THE PROMOTION ENTITIES FROM ANY AND ALL CLAIMS UNDER ANY THEORY OF LIABILITY (E.G., CONTRACT, WARRANTY OR TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY), JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES AND LIABILITIES, INCLUDING WITHOUT LIMITATION ANY DEATH, PERSONAL INJURY OR PROPERTY DAMAGE THAT ENTRANT MAY SUFFER IN THE COURSE OF OR OTHERWISE AS A RESULT OF ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES.
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 Sweepstakes 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. 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”).
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. 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 (and any minor entrant’s parent or legal guardian) agrees 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 Sweepstakes or any Sweepstakes-related activity (including the Strava Challenge), or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize or Code, 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes, 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 Sweepstakes if it determines, in its sole discretion, that the Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes. If the Sweepstakes 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 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 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 SWEEPSTAKES 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 Sweepstakes, 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 Sweepstakes, (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 Sweepstakes; (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.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally required winners list, send a self-addressed stamped envelope to: The Chipotle No Quitters Day National Challenge Sweepstakes Winners List, CMG Strategy Co., LLC, Attn: Quitter’s Day 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.