The “Chipotle National Burrito Day” Promotion

TERMS AND CONDITIONS

NO PURCHASE NECESSARY.  VOID WHERE PROHIBITED.  The “Chipotle National Burrito Day” Promotion (the “Promotion”) begins on or about April 7, 2022 at 3:30 p.m. Pacific Time (“PT”) and ends when the “Cap” (as defined below) is reached (the “Promotion Period”).  The Sponsor of this Promotion is CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1400, Newport Beach, CA, 92660 (“Sponsor”).  By participating in the Promotion participants agree to be bound by these terms and conditions (“Terms”).  The Promotion involves the Chipotle Burrito Builder game on Roblox (the “Game”).  Participants play the Game by attempting to roll a burrito.  Participants receive One Hundred (100) in-Game Burrito Bucks for each burrito that they successfully roll.  At the beginning of the Promotion Period, the first One Hundred Thousand (100,000) participants (the “Cap”) who play the Game, successfully roll at least one (1) burrito, will receive one (1) unique code that can be redeemed for one (1) free burrito or regular entrée item for digital only orders placed on the Chipotle website or using the Chipotle app (the “Code”).  To obtain the Code, exchange One Hundred (100) in-Game Burrito Bucks by talking to the crew member in the Game or click “See Code” in the Game.  For clarity purposes, “regular entrée item” means a burrito, burrito bowl, quesadilla, single order of tacos, or a salad, subject to availability and does not include kids meals or three pointers.  Codes are valid for orders placed through the Chipotle website or the Chipotle App at participating Chipotle restaurants in the United States and Canada from the beginning of the Promotion Period until close of business on April 13, 2022.  Gratuities, and any sides or extras are not included and are the responsibility of the customer.  Additional cost for Guacamole, Queso Blanco, extra protein or other premium add-ons. Redemption is subject to availability. Not valid on catering orders or delivery orders through third-party platforms. Restrictions may apply to use with other coupons, promotions, or special offers.

Limit: one (1) Code per person. If a participant receives a Code, the participant is not eligible to receive additional Redemption Codes during the Promotion Period.  No substitution for or transfer of Codes is permitted. The Codes have no cash value and Codes may not be redeemed for cash.  The Sponsor’s database clock will be the timekeeper for purposes of this Promotion. 

The Promotion is open only to legal residents of Canada and 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. 

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.

Each participant (and any minor participant’s parent or legal guardian) agree that each of 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 Promotion or any Promotion-related activity, or from participants’ acceptance, receipt, possession and/or use or misuse of any Code, and (B) has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Code.  Sponsor assumes no responsibility for any damage to an participant’s, or any other person’s, computer or mobile device which is occasioned by playing the Game to try to obtain a Code 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. 

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 Game play process or the operation of the Promotion, to be acting in violation of these Terms, or to be acting in a 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 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 Code, 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, you may file your case with any national arbitration company.

CHIPOTLE BURRITO BUILDER BURRITO BUCKS TERMS

CMG Strategy Co, LLC (“Chipotle”) has developed and published the Chipotle Burrito Builder experience (the “Game”) on Roblox.  From time to time in the Game, Chipotle may make available certain in-Game digital content called “Burrito Bucks” that can be earned and redeemed by Roblox users who play the Game (“Players”).  These terms and conditions (“Terms”) govern a Player’s use of Burrito Bucks.  By playing the Game and using Burrito Bucks, you acknowledge that you have read, understood, and agree to be bound by these Terms.

BURRITO BUCKS: Burrito Bucks are not a money instrument.  Burrito Bucks have no monetary value (i.e., are not a cash account or equivalent), and do not constitute currency or property of any type.  Burrito Bucks cannot be purchased. Players are not permitted to sell, trade, barter or transfer Burrito Bucks (or offering to do those things) to other players in exchange for money or real currencies. Players have no tangible or intangible property, proprietary, intellectual property, ownership, or monetary interest in Burrito Bucks and Burrito Bucks will expire if not used by a date specified by Chipotle. Any Burrito Bucks that are used in activities that are prohibited by these Terms may be confiscated or cancelled.

EARNING BURRITO BUCKS: Players can earn Burrito Bucks by engaging in certain activities in the Game, as determined by Chipotle. The number of Burrito Bucks you can earn for the above activities may vary by channel or time. Chipotle reserves the right, in its sole discretion, to determine and modify, at any time, the number of Burrito Bucks that may be earned for any given activity.

REDEEMING BURRITO BUCKS: Chipotle may offer premiums or other benefits in exchange for Burrito Bucks within the Game, but Burrito Bucks cannot otherwise be exchanged for items that have value outside of the Game.  Chipotle reserves the right to limit the number of redemption opportunities that are available.  Players may not rely on a particular redemption opportunity or type of redemption opportunity continuing to be available, or continuing to be available for the previously offered number of Burrito Bucks.  In other words, the number of Burrito Bucks required for any redemption opportunity may be substantially increased, any redemption opportunity may be withdrawn, and restrictions may be imposed on any redemption opportunity. Chipotle may also impose a limit on the number of redemption opportunities in the aggregate or by type that may redeemed per Player, per day or per any other criteria that may be selected by Chipotle from time to time in its sole discretion.

Once a Player has redeemed Burrito Bucks, the Burrito Bucks are gone and there are no refunds, returns or exchanges for additional Burrito Bucks, cash, or other goods and services, even if the redemption opportunity that your Burrito Bucks were redeemed toward is cancelled. Players have no tangible or intangible property, proprietary, intellectual property, ownership, or monetary interest in Burrito Bucks or in digital content received through Burrito Bucks redemption opportunities.

MODIFICATION AND TERMINATION: Chipotle may modify these Terms in whole or in part, including, but not limited to, how Burrito Bucks can be earned, how Burrito Bucks can be used, the type or "classes" of Burrito Bucks available, and the conditions under which Burrito Bucks may expire or be forfeited at any time, with or without notice, even though these changes may affect a Player’s ability to use the Burrito Bucks that the Player has already earned. Burrito Bucks and the Game have no predetermined termination date and may continue until such time as Chipotle decides to terminate Burrito Bucks and/or the Game. Chipotle may, in its sole discretion, modify or terminate the Burrito Bucks and/or the Game, in whole or in part, at any time and for any reason or no reason at all. If Chipotle decides to terminate Burrito Bucks and/or the Game, notice of that decision may be posted within the Game or on the Game description page on Roblox. Chipotle makes no representation or warranty about the number or type of redemption opportunities that may be available while the Burrito Bucks are available or after it announces that Burrito Bucks and/or the Game is being terminated, and redemption opportunities that may have been available prior to termination may quickly become depleted or otherwise unavailable once termination has been announced. Any Burrito Bucks remaining in a Player’s account at the time of termination will be forfeited and no compensation will be provided.

VIOLATIONS: Chipotle may terminate your license to use the Game, block or prevent your future access to and use of the Game, cancel accumulated Burrito Bucks, alter the number of Burrito Bucks in a Player’s account or suspend the Player’s membership privileges at any time with immediate effect if Chipotle determines in its sole discretion that the Player (a) has acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached these Terms; or (d) engaged in any fraud or abuse concerning Burrito Bucks, Burrito Bucks usage or Burrito Bucks redemption. Chipotle may also take appropriate administrative or legal action if any of the things listed above occurs. Nothing contained in these Terms shall limit Chipotle in its exercise of any legal or equitable rights or remedies.  Chipotle’s failure to enforce these Terms in every instance in which it might apply does not amount to a waiver of Chipotle’s rights to enforce these Terms under other similar or identical circumstances.

ARBITRATION PROVISION: By playing the Game and using Burrito Bucks, each Player (and any minor Player’s parent or legal guardian) agrees: (i) that any and all disputes the participant may have with, or claims participant may have against, Chipotle relating to, arising out of or connected in any way with (a) the Game or Burrito Bucks, (b) any redemption opportunity for Burrito Bucks, 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 Player’s and/or Chipotle’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 Player or Chipotle; (viii) if the Player is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Chipotle will pay as much of Player’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, you may file your case with any national arbitration company.