CHIPOTLE REWARDS — TERMS AND CONDITIONS
(LAST UPDATED DECEMBER 21, 2022)
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, RECEIVING OR USING A CHIPOTLE REWARDS PROGRAM ACCOUNT OR OTHERWISE PARTICIPATING IN A CHIPOTLE REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER INCLUDED BELOW (TO THE EXTENT PERMITTED UNDER APPLICABLE LAW), AND ANY ADDITIONAL TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN ANY CHIPOTLE REWARDS PROGRAM.
GENERAL APPLICATION OF TERMS; PRIVACY
These Terms and Conditions (the “Chipotle Rewards Terms”) apply to any access to and/or participation in the Chipotle Rewards Program (“Chipotle Rewards") which is operated by Chipotle Mexican Grill Canada Corp., on behalf of the Chipotle Mexican Grill group of affiliated companies (collectively, “Chipotle"). These Chipotle Rewards Terms do not alter in any way the terms or conditions of any other agreement you may have with Chipotle for other products and services, or the terms or conditions of any other promotional offers or programs conducted by Chipotle outside the context of Chipotle Rewards. Information collected in connection with Chipotle Rewards is governed by the Chipotle Privacy Notice. Please read the Privacy Notice carefully to understand how Chipotle collects, uses and discloses information and how to update or change your personal information and/or the ways Chipotle communicates with you.
Chipotle Rewards is open to legal residents of Canada (excluding Quebec) who are 16 years of age or older. Chipotle Rewards and earned loyalty points are intended for personal use only. Commercial use is prohibited. Chipotle Rewards are not targeted toward, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and the age of majority in your province or territory of residence, you may participate in Chipotle Rewards only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Chipotle Rewards Terms.
HOW CHIPOTLE REWARDS WORKS
Participants in Chipotle Rewards may accumulate loyalty “points” that entitle the participant to Chipotle Rewards benefits, or “Rewards," at participating Chipotle restaurants in Canada. For a list of Chipotle restaurants in Canada, check FIND A CHIPOTLE. Redemption of Rewards is subject to availability, and Rewards may not be redeemed in combination with other promotions, special offers, discounts or coupons unless specifically allowed by the terms of a specific promotion. Points are awarded with each qualifying purchase in relation to the amount spent at participating Chipotle restaurants in Canada. Purchases begin accumulating points upon the first presentation of a digital Chipotle Rewards account at the time of a qualifying purchase.
HOW TO ENROLL
To enroll in Chipotle Rewards and begin accumulating points, create an account through the website located at https://www.chipotle.ca/ or the Chipotle mobile ordering app and agree to enroll in Chipotle Rewards. Participants who already have an account can enroll in Chipotle Rewards by following the instructions at “Join Now” in the Chipotle mobile ordering app. Participants may be asked whether they wish to receive marketing communications from Chipotle. Participants are not required to receive marketing communications as a condition of making a purchase or enrolling in Chipotle Rewards. Participants who opt-in to marketing communications by text, acknowledge that Chipotle may send them commercial text messages using automated technology. Wireless service providers may charge participants for each text message, including any error message, that is sent and received. Participants should consult their wireless service provider’s pricing plan for details. Participants can opt out of receiving marketing communications at any time by following the instructions in each email or text message.
The account registration page may require you to provide your first name, last name, password, email address (required in order to receive all eligible Rewards), mobile telephone number, and marketing preferences, and you may also elect to provide other information, including your birthday.
If you change your account country to one that is not located within Canada, your Chipotle Rewards account will be deactivated. Once deactivated, you will no longer be able to accumulate points or receive or redeem Rewards under your Chipotle Rewards account. Previously credited points and Rewards may also expire as described below.
You may have only one Chipotle Rewards account registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated by Chipotle in its sole discretion.
You may accumulate points for any qualifying purchase made on and after your date of enrollment in Chipotle Rewards. To accumulate points for a qualifying purchase, you must: (i) present your digital Chipotle Rewards account at time of payment for a qualifying purchase at a participating Chipotle restaurant in Canada, or (ii) provided you are logged in to your account, at the time you place an order for a qualifying purchase (including a qualifying catering order) either at http://www.chipotle.ca/ or via the Chipotle mobile ordering app. Points will not be awarded for purchases at www.chipotle.ca if you order or check out as a guest and not via your Chipotle Rewards account. Chipotle reserves the right to retroactively award points not meeting these conditions in its sole discretion and only upon provision of a valid receipt by you regarding such purchase; however, points will not be awarded for (i) purchases made prior to your enrollment in Chipotle Rewards; or (ii) purchases made more than thirty (30) days prior to a request made to Chipotle for such credit. In no event will Chipotle retroactively award points to any Chipotle Rewards account for more than (a) two purchases on one transaction date; (b) two purchases within one calendar week; or (c) four purchases within one calendar month.
In order to accumulate points, qualifying purchases must be paid in cash, with a valid debit or credit card, other valid payment method expressly stated on the Chipotle website or mobile app or with a valid Chipotle gift card; purchases using other currency or promotional offers (such as Burrito Bucks or redemption of a Reward) will accrue points only for the amounts, if any, paid in cash. Qualifying purchases must total at least $1.00 in Canadian funds (excluding sales tax and subject to the other exclusions set forth in the next paragraph) in order to accumulate points. Each Chipotle Rewards account is limited to three qualifying purchases per day. Purchases of multiple menu items in a single transaction, may count as no more than one qualifying purchase.
Some exclusions apply. For example, purchases of alcoholic beverages or Chipotle gift cards (including activations or reloads) do not accumulate points. Taxes, tips, donations, and fees, including without limitation, delivery fees, bag fees, service fees, convenience fees, and recycling deposits, will also be excluded from a purchase total when computing qualifying purchases. Purchases at Chipotle restaurants in the United Kingdom, France, Germany, or the United States., or at Pizzeria Locale or other restaurant concepts in which Chipotle has an ownership interest, will not qualify toward accumulation of points, regardless of whether a Chipotle Rewards account is presented at the time of purchase.
If you void or cancel a qualifying purchase after payment and for which you were already credited points, Chipotle reserves the right to deduct the points associated with that purchase from your account.
Once a Chipotle Rewards participant accumulates the number of points needed for a Reward, the points can be redeemed in the Rewards Exchange section of their account. Once points are redeemed, the corresponding Reward will be automatically added to the participant’s account if the Reward is a Chipotle menu item. Some Rewards, like Chipotle menu items, will be added immediately, while others, like charitable donations, will be added within approximately 48 hours. When a Reward is added to a participant’s account or points are otherwise redeemed, the points associated with that Reward will be deducted from the account.
Rewards that consist of Chipotle menu items are valid at participating Chipotle restaurants in Canada, subject to availability. Chipotle may offer participants various other opportunities to use or redeem their points. Additional terms and conditions, if any, that are particular to the opportunity will be provided in conjunction with the offer, but such opportunities will otherwise constitute a Reward that is governed by these Chipotle Reward Terms. Once your points have been redeemed, they are gone and there are no refunds, returns or exchanges for additional points, cash, or other goods and services, even if you return the Reward or other item(s) that your points were redeemed toward.
To the extent permitted by applicable law and except as otherwise provided in these Chipotle Rewards Terms or in the terms communicated in conjunction with a particular Reward, Rewards expire if not used within 60 days after they have been added to a participant’s account. Redemption of Rewards is subject to availability of the selected Rewards at the time of redemption. A digital Reward coupon associated with a valid Chipotle Rewards account will be required to redeem any Reward.
Rewards may not be redeemed at Chipotle restaurants in the United Kingdom, France, Germany or the United States, or at Pizzeria Locale or other restaurant concepts in which Chipotle has an interest.
Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed in conjunction with the opportunity to redeem points for such Rewards, or added to these Chipotle Rewards Terms from time to time.
TRACKING YOUR ACCOUNT
Chipotle Rewards participants can view and track accumulated points for qualifying purchases and available Rewards by logging into participant’s account at order.chipotle.ca/account/login or via the Chipotle mobile ordering app. Chipotle reserves the right to change the number of points required to earn Rewards and/or the benefits associated with one or more Rewards in its sole discretion at any time. Points expire after six months of account inactivity (i.e., no qualifying purchases), unless sooner terminated as a result of an account being deactivated as provided herein.
Chipotle may from time to time in its sole discretion make available to participants in Chipotle Rewards the opportunity to earn additional points through special offers, challenges, bonuses or other promotions. The terms and conditions applicable to any such special offers will be determined by Chipotle in its sole discretion and communicated to participants in conjunction with any such offers. Because any terms and conditions associated with any special offers under Chipotle Rewards may be different from or in addition to provisions of these Chipotle Rewards Terms, you should read any such special offer terms and conditions carefully before participating in any special offer.
FREEPOTLE BONUS REWARDS
Chipotle may from time to time offer a “Freepotle” promotion in which Chipotle Rewards members enrolled on or prior to a specified date may receive periodic bonus offers consisting of a free a topping or side of guac, topping or side of queso blanco, double protein, chips, beverage, or other menu item (each, a “Freepotle Bonus Reward”). If offered, Freepotle Bonus Rewards will be deposited into Chipotle Rewards accounts selected by Chipotle or its program administrators in their sole discretion. Each Freepotle Bonus Reward will be subject to an expiration time and date that may be soon after the Freepotle Bonus Reward is deposited in an account. Freepotle Bonus Rewards are not valid on catering, Burritos by the Box, or orders placed via third party delivery platforms, and redemption is limited to participating Chipotle restaurants in the United States and Canada only and is subject to availability. Freepotle Bonus Rewards may not be combined with other coupons, promotions, or special offers unless specifically allowed by the terms of a specific Freepotle Bonus Reward. Additional terms, conditions, limitations or restrictions may apply, and may be disclosed in association with any Freepotle Bonus Reward or added to these Chipotle Rewards Terms from time to time. Chipotle makes no commitment to offer any minimum number of Freepotle Bonus Rewards. Chipotle may discontinue or alter the terms of the Freepotle Bonus Rewards program at any time.
LIMITATIONS, RESTRICTIONS AND OTHER TERMS
Your digital Chipotle Rewards card, ID number, scannable code or other identifier associated with the Chipotle Rewards account and any accumulated points and Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one Chipotle Rewards account.
Chipotle’s determinations of participant eligibility or any questions or disputes arising under Chipotle Rewards, these Chipotle Rewards Terms or any other Chipotle Rewards rules or restrictions shall be final and binding and not subject to challenge or appeal. Other than as set forth in the Dispute Resolution section of these Chipotle Rewards Terms, nothing in these Chipotle Rewards Terms will limit Chipotle from exercising any legal or equitable rights or remedies that it may have.
Without notice to you, Chipotle reserves the right to suspend and/or terminate any Chipotle Rewards account and/or your participation in Chipotle Rewards if Chipotle determines, in its sole discretion, that you have violated these Chipotle Rewards Terms, including without limitation, by having more than one Chipotle Rewards account, or that the use of your Chipotle Rewards account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Chipotle Rewards Terms or the proper administration of the Chipotle Rewards. Chipotle may, in its sole discretion, suspend, terminate or combine accounts that appear to be duplicative. In the event that your participation in Chipotle Rewards is terminated, then all accumulated points and Rewards in your account are void.
There are no membership fees associated with Chipotle Rewards, although use of online services in conjunction with participation in Chipotle Rewards may result in data charges, internet access fees or similar expenses. Points and Rewards accumulated under the Chipotle Rewards program have no cash value and may not be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Rewards used or obtained in this manner by any person or entity may be confiscated or cancelled.
There may be a limited number of a particular Rewards available, and those Rewards will be delivered on a first-come, first-served basis. Chipotle reserves the right to modify, amend or revise the Rewards that are made available. Participants may not rely on the continued availability of a particular Reward. The number of points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Chipotle or the third party supplying the Reward. Physical Rewards will be shipped only to the Canadian address provided by the participant in his or her account and will not be shipped to any other person or address. Chipotle reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Rewards will be fulfilled within six to eight weeks from date of redemption of points for that physical Reward. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Chipotle Rewards materials are for illustrative purposes only. The actual Reward may vary from the Reward pictured.
Chipotle is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email as a result of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing points for qualifying purchases or any unavailability of Rewards, or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in Chipotle Rewards. If, for any reason, the Chipotle Rewards program is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Chipotle which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Chipotle Rewards program, Chipotle reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Chipotle Rewards program or otherwise respond to the circumstances as Chipotle deems appropriate without advance or individual notice.
CHANGES TO CHIPOTLE REWARDS
Chipotle reserves the right in its sole discretion to cancel, terminate, modify or suspend, in whole or in part, Chipotle Rewards or any portion of the program, all or any portion of these Chipotle Rewards Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to Chipotle Rewards, at any time and without advance or individual notice to you or any other participants. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions to our terms, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify the Chipotle Rewards Terms, we will revise the “last updated” date located at the top of these Chipotle Rewards Terms. If you continue to participate in Chipotle Rewards by earning points, redeeming points, logging into your account or otherwise participating in the program in any way after a change to these Chipotle Reward Terms, you will be deemed to have read, understood and unconditionally consented and agreed to such changes or modifications; therefore, you should review these Chipotle Rewards Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to Chipotle Rewards. If you do not agree to the Chipotle Rewards Terms, you must stop participating in Chipotle Rewards.
DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
TO THE EXTENT PERMITTED BY APPLICABLE LAW, you agree that any claim, controversy or dispute (whether in contract, tort, or otherwise) you may have at law or in equity against Chipotle, its parent subsidiary or affiliated entities, or any of their respective officers, directors, employees or agents (all such individuals and entities collectively referred to herein as the “Chipotle Rewards Entities”) arising out of or relating in any way to Chipotle Rewards, points or any Reward, your participation in any Chipotle Rewards program, these Chipotle Rewards Terms or the scope or applicability of this agreement to arbitrate (each, a “Chipotle Rewards Dispute”) will be resolved in accordance with the provisions set forth in the following paragraph. Please read this paragraph carefully. It affects your rights and will have a substantial impact on how Chipotle Rewards Disputes are resolved.
You agree that whenever you have a Chipotle Rewards Dispute, you will send a written notice to Chipotle (“Demand”). You agree that the requirements of this paragraph will apply even to disputes that may have arisen before you accepted these Chipotle Rewards Terms. You must send the Demand to the following address (the “Notice Address”): Chipotle Mexican Grill Canada Corp., ATTN: Legal Department, 900-1959 Upper Water St., Halifax NS B3J 2X2, Canada. 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 such 10 business days, the Chipotle Rewards Dispute (1) will be resolved exclusively by arbitration, without right of appeal, administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator in accordance with the AAA Consumer Arbitration Rules (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (2) the arbitration shall be held in Toronto, Ontario; (3) the arbitrator’s decision shall be controlled by these Chipotle Rewards Terms and any of the other agreements referenced herein that the applicable user may have entered into; (4) this agreement shall be governed by the law of the province of Nova Scotia; (5) 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 Chipotle Rewards Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (6) the arbitrator shall not have the power to award punitive damages against you or any Chipotle Rewards Entity; (7) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Chipotle Rewards Entity exceed CAD $150, and you are unable (or not required under the rules of AAA) to pay any fees and deposits that exceed this amount, Chipotle agrees to pay them on your behalf, subject to ultimate allocation by the arbitrator; and (8) with the exception of subpart (5) 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 (5) 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 Chipotle Rewards Entity 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 generally recognized arbitral institution in Canada.
This arbitration provision limits the ability of you and Chipotle to litigate claims in court and you and Chipotle each agree to waive your respective rights to a jury trial or a provincial or federal judge. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. You agree that you will not file any lawsuit against Chipotle in any provincial or federal court. You agree that if you do sue in provincial or federal court, and Chipotle brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Chipotle in court, including reasonable attorney’s fees.
LIMITATIONS ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE CHIPOTLE ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CHIPOTLE REWARDS PROGRAM, EVEN IF ANY OR ALL OF THE CHIPOTLE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A REGISTERED PARTICIPANT PROVES THAT CHIPOTLE HAS IMPROPERLY DENIED SUCH REGISTERED PARTICIPANT ANY REWARD, LIABILITY WILL BE LIMITED TO THE EQUIVALENT REWARD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY PARTICIPATING IN CHIPOTLE REWARDS , EACH REGISTERED PARTICIPANT ALSO WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION ARISING OUT OF OR RELATED TO CHIPOTLE REWARDS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. AFTER SUCH ONE (1) YEAR PERIOD, THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL BE DEEMED INCONTESTABLE.
CLASS ACTION WAIVER
TO THE EXTENT PERMITTED BY APPLICABLE LAW, the parties to these Chipotle Rewards Terms waive their rights to litigate in a court any claims or disputes arising out of or relating to these Chipotle Rewards Terms.