Official Rules
NO
PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER AND ENTRY TO THE CONTEST
IS FREE. A PURCHASE WILL NOT INCREASE
YOUR ability to WIN. VOID WHERE
PROHIBITED OR OTHERWISE RESTRICTED BY LAW.
SPONSOR: CMG
Strategy Co., LLC, 1401 Wynkoop Street, Suite 500, Denver, CO 80202.
CONTEST DESCRIPTION:
The Chipotle GOOGLE+ GIF Contest (the “Contest”) is a competition in
which eligible participants may submit a response to Chipotle’s
original GIF post on Google+ for the opportunity to be selected as a winning
Entrant, as determined pursuant to these Official Rules. The five (5) winning Entrants will each
receive a “Dinner For Four” coupon that may be used at a Chipotle Mexican Grill
restaurant.
TIMING: The Contest begins on May 5, 2015 at
12:01 a.m. Eastern Time ("EST”) and ends on May 5, 2015 at 11:59 p.m.
EST (the “Contest Period”). Sponsor’s
computer is the official time keeping device for this Contest.
ELIGIBILITY: The Contest is open only to legal residents of the forty eight
(48) contiguous United States (including the District of Columbia) excluding
Alaska and Hawaii, who are over thirteen (13) years of age at the time of entry
(“Entrant”). Employees
of CMG Strategy Co., LLC (“Sponsor”) its parent and affiliate companies as well
as the immediate family (spouse, parents, siblings and children) and household
members of each such employee are not eligible to enter or win. The Contest is subject to all applicable
federal, state and local laws and regulations and is void in Alaska, Hawaii,
and where prohibited by law. Participation in this Contest constitutes
Entrant’s full and unconditional agreement to these Official Rules and
Sponsor’s decisions, which are final and binding in all matters related to this
Contest. Winning a prize is contingent
upon a winning Entrant fulfilling all requirements set forth herein.
Minors-Parents and Guardians: Any Entrant who is considered a minor in their State of
residence must have their parent or legal guardian’s permission to enter this
Contest. Sponsor reserves the right to
verify an individual’s eligibility to participate in the Contest. The parent or legal guardian of an
Entrant under the legal age of majority in their jurisdiction of residence: (a)
will ensure that the Entrant in respect of whom they agree to these Official
Rules will comply with these Official Rules; and (b) warrants that the Entrant
is capable of agreeing to these Official Rules and giving the consent contained
herein. The parent or legal guardian of such Entrant must agree to indemnify
the Contest Entities (as defined below) for and against: (i) any claims made by
them and their family against the Contest Entities in connection with the
Contest; and (ii) any losses (including any liability) caused by any of your
conduct which is inconsistent with these Official Rules.
HOW TO ENTER: An Entrant can enter online
anytime during the Contest Period at
Sponsor’s Google+ page, located at https://plus.google.com/b/11803518 0450322462836/+chipotle,
by responding to Sponsor’s GIF post with response created by Entrant (the “Entry”).
By uploading an Entry, you agree that the
submission and use of the Entry in the Contest conforms to these Official Rules
and agree to the use of your Entry as otherwise set forth herein. Entry cannot be altered by Entrant
after it has been submitted. Sponsor, in its sole discretion, may reject,
refuse, remove, delete or disqualify any Entry that is deemed inappropriate,
ineligible or otherwise non-compliant with these Official Rules. Except as otherwise set forth herein, Entries
will not be acknowledged or returned.
There is a limit of one (1) Entry per Entrant during the Contest
Period. All Entries must be received
within the Contest Period.
ENTRY SUBMISSION REQUIREMENTS: To be eligible, an Entry must: (1)
be in text format; (2) be an original creation of Entrant; (3) be posted to
Sponsor’s Google+ page during the Contest Period; (4) not contain material that
is inappropriate, obscene, indecent, hateful, tortious, defamatory, slanderous,
libelous, unlawful or otherwise offensive (as determined by Sponsor and
Administrator in their sole discretion); (5) not defame or invade the publicity
or privacy rights of any person, living or deceased; (6) not infringe, violate,
or misappropriate any person’s or entity’s personal or proprietary rights
(including copyrights, trademarks, or other intellectual property rights); (7)
not contain (i) any words, statements, or images considered offensive to individuals
of any age, race, ethnicity, national origin, religion, sexual orientation, or
other protected class, or who are disabled, (ii) any threats to any person,
place, business, group, or entity, (iii) materials that promote bigotry,
racism, hatred or harm against any group or individual or promotes
discrimination based on age, race, ethnicity, national origin, religion, sexual
orientation or other protected class, or disability, (iv) content not in
keeping with Sponsor’s reputation and image or (v) content that is negative or
derogatory towards the Sponsor; and (8) not be owned or encumbered by a
third-party and/or be subject of or to any restriction or right that would in
any way limit Sponsor’s right to use the Entry as permitted under these
Official Rules (collectively “Entry Requirements”). Failure to comply with the
Entry Requirements, as determined by Sponsor in its sole discretion, is grounds
for a disqualification from the Contest.
In the
event of a dispute over the identity of any potential winner, the Entry will be
declared made by the “authorized account holder” of the account used for
Entry. Each Entrant may be required to
provide identification sufficient to show that Entrant is the authorized
account holder. It is the sole
responsibility of the Entrant to notify the Sponsor in writing of any changes
to Entrants phone number or contact information during the Contest Period. Proof of uploading an Entry does not
constitute proof of delivery or Entry.
All Entries become the property of Sponsor and will not be returned to
Entrant. Each Entry must be manually
entered by the individual Entrant; automated and/or repetitive electronic
submission of Entries (including but not limited to Entries made using any script,
macro, bot, or contest service) will be disqualified and transmissions from
such automated and/or repetitive electronic sources may be blocked.
GRANT OF RIGHTS TO SPONSOR: Submitting an Entry in the Contest constitutes Entrant’s
unconditional consent to give Sponsor all rights, interest and goodwill in the
Entry, including an irrevocable grant to Sponsor a perpetual, royalty-free,
exclusive license to use, reproduce, modify, publish, create derivative works
from, and display such Entry in whole or in part, on a worldwide basis, and to
incorporate it into other works, in any form, media, technology now known or
developed, including, but not limited to, for promotional, marking,
advertising, packaging and for any other commercial or non-commercial purposes
without additional review, compensation, or approval from the Entrant or any
other party. All Entries, upon
submission, shall become the property of Sponsor, and its successors, assigns
and licensees. Sponsor will have the
exclusive right to make unlimited derivative works therefrom, to assign or
transfer any or all such rights and to grant unlimited sublicenses. Where permitted by law, Entrant also irrevocably grants to Sponsor the right to use their name, voice, likeness and
biographical material in or related to the Entry. Sponsor will not be responsible for the
return or preservation of any Entry.
Sponsor, its sole discretion, shall determine the extent and manner of
the use of the Entry and Sponsor is not obligated in any way to use or exploit
the same or any rights granted by the Entrants, or any portion thereof, in any
medium or any manner whatsoever, including, but not limited to, use on
Sponsor’s Google+ page and website.
Entrant further agrees that the Entry is not being submitted in confidence
or in trust, and that no confidential or fiduciary relationship is intended or
created.
DETERMINATION OF POTENTIAL
WINNERS: During the Contest Period, Sponsor
will post five (5) GIF posts on Sponsor’s Google + page to which Entrants may
reply. At the conclusion of the Contest
Period, Sponsor will select the Entrant who submitted the most
creative and interesting responses to each Sponsor post, in Sponsor’s sole and
absolute discretion. Each of the five
(5) Entrants selected by Sponsor will be deemed the potential winners
pending confirmation of eligibility and compliance with these Official
Rules. In the event of a tie,
the Entrant with the most “Originality and Creativity”
among the tied Entrants will be deemed a potential winner.
Review of all eligible Entries and the determination of potential
winning Entrants will be within forty-eight (48) hours after the Contest Period
concludes.
SIMILAR ENTRIES: Entrants acknowledge that other
Entries may contain similar and/or parallel ideas and concepts to their Entry,
and that Entrants will not be entitled to any compensation or right to
negotiate with the Contest Entities (defined below) because of such
similarities or parallels. The Sponsor’s decisions are final and binding in all
matters relating to this Contest, including interpretation and application of
these Official Rules.
WINNER NOTIFICATIONS:
Sponsor will notify potential winners.
Potential winners, in Sponsor’s sole discretion, may be required provide
identification sufficient to prove that Entrant is the authorized account
holder that submitted a winning Entry.
The potential winner must respond with the information requested from
Sponsor within ten (10) days after Sponsor’s notification. Failure to respond with the requested
information within time requested may result in the potential winner being disqualified
and, the prize may be awarded to a runner-up, if any, at Sponsor’s sole
discretion.
Potential winning Entrants are
subject to eligibility verification and compliance with these Official Rules.
Potential winning Entrants may be required to sign and return to the Sponsor an
Affidavit of Eligibility/Liability Release and (where permitted by law) a
publicity release, an IRS Form W9, a
Non-disclosures Agreement and any other documentation as required by Sponsor
(collectively, the “Required Forms”) by the due date indicated in the
notification. If any Required Forms are
not returned by the due date, or if any notification is returned as
undeliverable, then the potential winner may be disqualified and an alternate
winner will be selected. If a potential winner is a minor,
the Required Forms must be filled out and signed by Entrant’s parent or legal
guardian, who will be responsible for fulfilling all requirements imposed on
potential winners as stated in these rules.
Acceptance of any prize shall constitute and signify winner’s agreement
and consent that Sponsor and its designees may use winner’s Entry, name, city,
state, likeness and/or prize information in connection with the Contest for
promotional, advertising or other purposes, worldwide, in any and all media now
known or hereafter devised, including the internet, without limitation and with
further payment, notification, permission or other consideration, except where
prohibited by law. Should a potential
winner decide to decline the prize for any reason whatsoever, Sponsor shall have
no further obligation to that potential winner, and an alternate winner will be
noticed. Sponsor’s decisions are final
and binding on all matters.
Without limiting the generality
of these Official Rules, each winner shall irrevocably grant, transfer, convey
and assign to Sponsor the entirety of the rights in and to the Entry and all
renewals and extensions of copyright, and the right to secure copyright
registrations thereto in perpetuity including, without limitation, the rights
to use the Entry for any and all purposes in any and all media whether now
known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that
Sponsor shall not be obligated to use the Entry and that Sponsor in its sole
discretion shall have the right to refrain from using the Entry. Sponsor shall
not incur any liability whatsoever to the extent Sponsor chooses to refrain
from any exploitation of its rights hereunder.
Each winner shall indemnify Contest Entities (defined below) from and
against all claims, damages, liabilities, and expenses (including reasonable
counsel fees and legal expenses) arising out of any breach of these terms.
PRIZE: Each of the five (5) winning Entrants will receive
a “Dinner For Four” coupon that may be used at a
Chipotle Mexican Grill restaurant. The
Dinner For Four coupons are not to be transferred or resold. The estimated total value of all prizes is
$250.
PRIZE
RESTRICTIONS/REQUIREMENTS: No
substitutions or transfer of prizes is permitted except at the sole discretion
of the Sponsor, who reserves the right to substitute a prize with one of
comparable value, at its sole discretion.
Prizes may not be sold, bartered or exchanged by any winner. All taxes, fees and any other expenses not
specified herein associated with the prize acceptance are the sole
responsibility of the winning Entrants.
If a winning Entrant is a minor, the prize may be awarded in the name
of, or to, the winning Entrant’s parent or legal guardian who must execute all
required documentation and agree to all obligations and undertakings of the
winner on behalf of himself/herself and the winning Entrant, or the prize may
be forfeited and awarded to an alternate winner. Winning Entrants may be required to furnish
their social security numbers to be used by Sponsor strictly for the purpose of
reporting the winners’ prize earnings to the Internal Revenue Service, as
required by law.
ENTRANT RELEASES: By
accepting any prize, winning Entrants agree to release and hold harmless
Sponsor, and its subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies, attorneys and each of their respective parent
companies and each such company’s officers, directors, employees and agents
(collectively, the “Contest Entities”) from and against any claim or cause of
action, including, but not limited to, personal injury, death, or damage to or
loss of property, arising out of participation in the Contest or receipt, use,
nonuse or misuse of any prize.
GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or
modify the Contest, or any part of it, if any fraud, technical failures, human
error or any other factor impairs the integrity or proper functioning of the
Contest, as determined by Sponsor in its sole discretion. If the Contest is
terminated Sponsor may, in its sole discretion, determine the winners from
among all eligible entries received up to the time of discontinuance to the
extent reasonably possible and practical. Sponsor reserves the right in its
sole discretion to disqualify any individual it finds to be tampering with the
entry process or the operation of the Contest or to be acting in violation of
the Official Rules of this or any other promotion or in an unsportsmanlike or
disruptive manner. Any attempt by any person to deliberately undermine the
legitimate operation of the Contest may be a violation of criminal and civil
law, and, should such an attempt be made, Sponsor reserves the right to seek
damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of
these Official Rules shall not constitute a waiver of that or any other
provision.
LIMITATIONS OF LIABILITY:
Contest Entities assume no responsibility or liability for (a) any incorrect or
inaccurate information, whether caused by Entrant, printing, typographical or
other errors or by any of the equipment or programming associated with or
utilized in the Contest; (b) any unauthorized access to, or theft, destruction
or alteration of entries at any point in the operation of this Contest; © any
technical malfunction, failure, error, omission, interruption, deletion,
defect, delay in operation or communications line failure, regardless of cause,
with regard to any equipment, systems, networks, lines, satellites, servers,
computers or providers utilized in any aspect of the operation of the Contest;
(d) inaccessibility or unavailability of the Internet or any combination
thereof; (e) any injury or damage to participant’s or to any other person’s
electronic device which may be related to or resulting from any attempt to
participate in the Contest or download any materials in the Contest; or (f)
late, lost, undeliverable, damaged or stolen mail. If, for any reason, the Contest is not
capable of running as planned for reasons which may include without limitation,
infection by computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other causes which may corrupt or affect the
administration, security, fairness, integrity or proper conduct of this
Contest, then Sponsor reserves the right at its sole discretion to cancel,
terminate, modify or suspend the Contest in whole or in part. Contest Entities are not responsible for any
unauthorized third party use of any Entry.
PRIVACY: Any personal information collected in conjunction
with this Contest from Entrants is subject to the Sponsor’s Privacy Policy
posted at:
https://www.chipotle.com/en-us/html/privacy.html.
DISPUTE RESOLUTION: You
agree that any claim or dispute at law or equity that has arisen or may arise
relating in any way to or arising out of the Contest, the Official Rules, or
the award of prizes will be resolved in accordance with the provisions set
forth in this Dispute Resolution section.
Please read this section carefully as it affects your rights and will
have a substantial impact on how claims you and we have against each other are
resolved. You agree that whenever you
have a disagreement with the Sponsor arising out of, connected to, or in any
way related to the Contest, the Official Rules, or the award of prizes, you
will send a written notice to the Sponsor (“Demand”). You agree that the requirements of this
Dispute Resolution section will apply even to disagreements that may have
arisen before you accepted these Official Rules. You must send the Demand to the following
address (the “Notice Address”): Legal Department, CMG Strategy Co., LLC, 1401
Wynkoop Street, Suite 500, Denver, CO 80202.
You agree that you will not take any legal action, including filing a
lawsuit or demanding arbitration, until 10 business days after you send a
Demand. If the disagreement stated in
the Demand is not resolved to your satisfaction within 10 business days after
it is received, and you intend on taking legal action, you agree that you will
file a demand for arbitration with the American Arbitration Association (the
“Arbitrator”). This arbitration
provision limits the ability of you and Sponsor to litigate claims in court and
you and Sponsor each agree to waive your respective rights to a jury trial or a
state or federal judge. You agree that
you will not file any lawsuit against Sponsor in any state or federal
court. You agree that if you do sue in
state or federal court, and Sponsor brings a successful motion to compel
arbitration, you must pay all fees and costs incurred by Sponsor in court,
including reasonable attorneys’ fees.
For any such filing of a demand for arbitration, you must effect proper
service under the rules of the Arbitrator and notice to the Notice Address may
not be sufficient. If, for any reason,
the American Arbitration Association is unable to conduct the arbitration, you
may file your case with any national arbitration company. The Arbitrator shall apply the AAA
Consumer-Related Disputes Supplementary Procedure effective September 15, 2005
(as may be amended) and as modified by the agreement to arbitrate in this
Dispute Resolution section. You agree
that the Arbitrator will have sole and exclusive jurisdiction over any dispute
you have with Sponsor. The Federal
Arbitration Act allows for the enforcement of arbitration agreements and
governs the interpretation and enforcement of the agreement to arbitrate.
You
agree that you will not file a class action or collective action against
Sponsor, and that you will not participate in a class action or collective
action against them. You agree that you
will not join your claims to those of any other person. Notwithstanding any other provision in the
Official Rules, if this class action waiver is invalidated, then the
agreement to arbitrate is null and void, as though it were never entered into,
and any arbitration dispute at that time will be dismissed without prejudice
and may be refiled in a court. Under no
circumstances do you or Sponsor agree to class or collective procedures in
arbitration or the joinder of claims in arbitration. Sponsor agrees that it will submit all
disputes with you to arbitration before the Arbitrator.
All issues and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights and obligations of
the Entrant and Sponsor in connection with the Contest, or any claim or dispute
that has arisen or may arise between you and Sponsor, shall be governed by, and
construed in accordance with, the laws of the State of Colorado without giving
effect to any choice of law or conflict of law rules.
DMCA NOTICE AND TAKEDOWN: If an Entrant or third party believes that its work has been copied in a
way that constitutes copyright infringement, please submit a complaint to
Sponsor at the following email: [email protected]. Please include the following information with
any infringement-related complaint: (i) a physical signature of the person authorized
to act on behalf of the copyright owner; (ii) a description of the work that
has been potentially infringed upon; (iii) an address, telephone number, and
e-mail address of the copyright holder; (iv) an acknowledgement of a good-faith
belief that the disputed use is not authorized; and (v) a statement that the
above information in your complaint is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
OFFICIAL RULES:
Official Rules are available at:
http://chip.tl/GIFpromo
