BOORITO LATE NIGHT TABASCO PROMOTION TERMS AND CONDITIONS

AVAILABLE WHILE SUPPLIES LAST.  The “Chipotle Boorito Tabasco Late Night Promotion” (the “Promotion”) begins on or about October 31, 2023 at approximately 10:01 p.m. local time (the “Start Time”) and ends on October 31, 2023 at the earlier of (i) when the “Cap” (as defined below) has been reached at each “Participating Location” (as defined below); or (ii) 11:59 p.m. local time (the “Promotion Period”).  The sponsor of this Promotion is CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1400, Newport Beach, CA, 92660 (“Chipotle”).  By participating in the Promotion each participant agrees to be bound by these terms and conditions (“Terms”).  Officers, directors and employees of Chipotle, McIlhenny Company, and each of their respective parents, suabsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Promotion are collectively referred to herein as the “Promotion Entities”.  Employees of the Promotion Entities are not eligible to participate in the Promotion. 

During the Promotion Period certain Chipotle restaurants in the United States will remain open until 12:00 a.m. local time (each such restaurant is referred to herein as a “Participating Restaurant”).  The full list of Participating Restaurants is included below.  Beginning at the Start Time at each Participating Restaurant, up to the first One Hundred (100) digital orders placed at each Participating Restaurant (the “Cap”) will receive one (1) two (2) ounce bottle of TABASCO® Scorpion Sauce with their order. 

Limit one (1) TABASCO® Scorpion Sauce per eligible participant.  The Promotion is open only to legal residents of 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. 

The total approximate retail value (“ARV”) of each bottle of TABASCO® Scorpion Sauce is $2.99.  Any applicable taxes are the sole responsibility of the recipients. No substitution or transfer of the TABASCO® Scorpion Sauce bottles is permitted.

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.

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 entry process or the operation of the Promotion, to be acting in violation of these Terms, or to be acting in an unsportsmanlike 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. 

Each participant (and any minor participant’s parent or legal guardian) agree that each of 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, or from participants’ acceptance, receipt, possession and/or use or misuse of any TABASCO® Scorpion Sauce bottle, and (B) has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any TABASCO® Scorpion Sauce bottle.  Sponsor assumes no responsibility for any damage to a participant’s, or any other person’s, computer or mobile device which is occasioned by 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. 

The Promotion Entities assume no responsibility for any malfunctions, errors or failures that are human or technical in nature. Without limiting the generality of the foregoing, the Promotion Entities are 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.

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, the Promotion Entities relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any TABASCO® Scorpion Sauce bottles, 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 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 participant’s and/or Sponsor’s or any Promotion Entity’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 any Promotion Entity; (viii) if the participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor (or the applicable Promotion Entity) 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.

Participating Restaurants: The full list of Participating Restaurants is set out below.  This list is subject to change: