Chipotle – Burritos 4 Teachers Sweepstakes
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THE CHIPOTLE BURRITOS 4 TEACHERS PROMOTION
PROMOTION DESCRIPTION: The “Chipotle Burritos 4 Teachers” Promotion (the “Promotion”) begins on or about August 9, 2022 when Chipotle at 12:01 a.m. Pacific Time (“PT”) and ends on August 12, 2022 at 11:59 p.m. PT (the “Promotion Period”). The Promotion invites eligible participants to nominate a “Teacher” (as defined below) in their community by commenting or replying to the Promotion Post by tagging a Teacher. At the end of the Promotion Period, a random drawing will be conducted to select up to two thousand (2,000) schools to receive a “Burrito Package” (as defined below). For clarity purposes, the Burrito Package will be awarded to the school where the “Nominee” (as defined below) is employed only; there is no prize or premium awarded to any person or Nominee who participates in the Promotion. By participating in the Promotion, each participant 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.
HOW TO ENTER: During the Promotion Period, Sponsor will publish one (1) post on each of the Chipotle Facebook page (https://www.facebook.com/chipotle), the @Chipotle Instagram account (Instagram.com/chipotle), and the @ChipotleTweets Twitter account, announcing the Promotion and inviting participants to participate in the Promotion (each, a “Promotion Post” and collectively, the “Promotion Posts”). To participate, participants must complete the following steps during the Promotion Period: post an original comment on the Promotion Post (or reply to the Promotion Post on Twitter) that complies with the “Comment Guidelines” below (as defined below) (each, a “Comment”) and tag someone who is a Teacher (“Nominee”) and give a reason why that person is a good teacher, if you’d like but providing a reason is not required to participate. The Comment must meet the following “Comment Guidelines”: (i) the Comment must be the submitting participant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties and (ii) the Comment must not include text or subject matter that is deemed by the Sponsor to be obscene, profane, pornographic, libelous or otherwise objectionable. Each participant’s social media account must be public to participate in the Promotion.
As used in these Official Rules, the term “Teacher” means any individual who is employed at public or private school that regularly serves students in-person, not remotely, between kindergarten and 12th grade (or any combination thereof) located in the fifty (50) United States and the District of Columbia during the 2022-2023 academic year. The definition of Teacher does not include homeschool instructors or teachers working in a permanent remote or virtual environment.
Entry must be made by the participant, 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 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. 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 Promotion or by any technical or human error which may occur in 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.
SELECTION AND NOTIFICATION: At the end of the Promotion Period, Two Thousand (2,000) Comments will be randomly selected in a drawing from all eligible entries received throughout the Promotion Period. Sponsor anticipates contacting the person who nominated the Nominees (the “Nominator”) on or about August 15, 2022, and will attempt to reach all participants by August 26, 2022 or as soon as reasonably practicable thereafter. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. Only the Nominator will be contacted. A selected Nominator will be notified by direct message on the platform where the Nominator posted the Comment. Each Nominator will be required to complete an electronic form (the “School Form”) with additional information about the Nominee and the school where the Nominee is employed (the “Nominee School”). Sponsor shall have no liability for any notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a Nominator does not respond within forty-eight (48) hours of receipt of the notification, or if the notification is returned as unclaimed or undeliverable to such Nominator, or if the Nominator fails to complete the School Form within the deadline specified by the Sponsor, any Comment may be selected. If any Comment, Nominee, or Nominee School is found to be ineligible, or if the Nominator has not complied with these Official Rules or declines a Burrito Package for any reason prior to award, such person or entity may be disqualified and an alternate Nominee School may be selected. A Nominee School can only receive a Burrito Package one (1) time, so if multiple teachers who are employed by the same Nominee School are selected, Sponsor will follow the process set forth in the preceding sentence to select an alternate Nominee School.
BURRITO PACKAGE: There are Two Thousand (2,000) Burrito Packages available. Each “Burrito Package” package contains fifty (50) vouchers (which may be awarded as a digital code) redeemable for one (1) free entrée, redeemable at participating Chipotle restaurants in the United States.
Neither the Nominator nor the Nominee will receive a Burrito Package, Burrito Packages will only be awarded to Nominee Schools. Sponsor will deliver the Burrito Packages to a representative of each Nominee School. Sponsor will provide instructions to the Nominee School to distribute the Burrito Packages to teachers employed by the Nominee School. Sponsor has no responsibility for the Burrito Packages once delivered to a representative of the Nominee School and makes no representation, warranty, or guarantee about the distribution of the Burrito Package from the Nominee Schools to teachers employed at the Nominee School.
RIGHTS IN COMMENTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each participant hereby irrevocably grants to the Promotion 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 Comment, 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 Promotion Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Comment for any purpose which the Promotion Entities deem necessary or desirable, and each participant irrevocably waives any and all so-called “moral rights” they may have therein. The Promotion Entities shall retain the rights granted in each Comment even if the Comment is disqualified or fails to meet the Comment Guidelines or even it if it determined that the participant who made the Comment is ineligible to enter the Promotion.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Each participant (and any minor participant’s parent or legal guardian) agrees that the Promotion Entities (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, , and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Burrito Package, including, without limitation, to such Burrito Package’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an participant’s, or any other person’s, computer system which is occasioned by accessing the Website 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 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 Promotion 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 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. 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 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, 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 Promotion. If the Promotion 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 participant’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 participant’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 PARTICIPANTS 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.
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.
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