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The “National Fork Day Scavenger Hunt” Promotion

Terms and Conditions

Only 1 Fork Collection Box Available per Location. WHILE SUPPLIES LAST. 

General.  The “National Fork Day Scavenger Hunt” Promotion (the “Promotion”) is scheduled to begin on or about April 7, 2025 at the start of normal business hours for each “Location” (as defined below) and ends the earlier of April 7, 2025 at 11:59 p.m. PT or when all “Fork Collection Packages” (as defined below) have been claimed at each Location (the “Promotion Period”).  The sponsor of this Promotion is CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1100, Newport Beach, CA, 92660 (“Chipotle”).  By participating in the Promotion each participant agrees to be bound by these terms and conditions (“Terms”). 

How to Participate.  At the start of the Promotion Period, Chipotle will place one (1) Fork Collection Box, which includes one (1) limited edition Chipotle gift card with a Five Hundred Dollar ($500) value (each, a “Fork Collection Package”) at up to four Chipotle restaurant locations in the contiguous United States (each, a “Location”).  During the Promotion Period, Chipotle is scheduled to publish a post or a series of posts on the @chipotle Instagram account announcing the Promotion and providing participants with information about how to participate (the “Promotion Post(s)”).  The Promotion Posts will include clues to help participants identify each Location and a hidden password for each Location.  Participants must review the Promotion Posts to attempt to identify the Location and the password for each Location.

The first participant to: (1) correctly identify the Location; (2) find the password; and (3) go to the Location, wait in line, and tell the correct password for the Location to the cashier at the Location (the “Completion Steps”) will receive the Fork Collection Package for that Location.  Only one Fork Collection Package is available at each Location.  Chipotle reserves the right to determine the first person who correctly completes the Completion Steps.  Pushing, shoving, cutting in line, shouting at employees, or otherwise harassing or mistreating employees will not be tolerated and anyone who engages in this behavior, as determined by Chipotle in its sole discretion, will not be eligible to receive the Fork Collection Package.

Each participant acknowledges that it is the participant’s decision to attempt to go to a Location.  The Fork Collection Package at the applicable Location may have been claimed by the time that the participant arrives at the Location. 

The limited-edition Chipotle gift card is otherwise subject to the terms and conditions that govern use of the gift card, which may be printed in whole or in part on the gift card itself. The approximate retail value (“ARV”) of each Fork Collection Package is Five Hundred Thirty Dollars ($530).  No cash alternative or substitution of Fork Collection Packages will be allowed, except Chipotle reserves the right in its sole discretion to substitute items(s) of comparable value if any element listed is unavailable, in whole or in part, for any reason. 

Eligibility.  The Promotion is open only to legal residents of the fifty (50) United States and Washington, D.C. and Canada, who are physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. territories and possessions).  Officers, directors and employees of Chipotle, and each of its parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Promotion (all such individuals and entities collectively referred to herein as the “Promotion Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Promotion or obtain a Fork Collection Package.  Each participant must be at least eighteen (18)[AT1]  years of age at the time of entry.  Minors must have consent from their parent or legal guardian to participate.  Your personal information will be processed in accordance with Chipotle’s privacy policy; the privacy policy for residents of the United States is located at: https://www.chipotle.com/about-us/privacy-policy.

Modification of these Terms; Promotion Suspension.  Chipotle reserves the right to implement policies and procedures as may be necessary to enforce compliance with these Terms.  Chipotle 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 Chipotle’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.  If Chipotle is prevented from distributing the Fork Collection Packages or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, provincial, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Chipotle’s control (each a “Force Majeure” event or occurrence), then Chipotle reserves the right to modify, suspend, or terminate the Promotion. 

 

Release of Liability: 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 Sweepstakes or any Promotion-related activity, or from participant’s acceptance, receipt, possession and/or use or misuse of any Fork Collection Package, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Fork Collection Package, including, without limitation, to quality or fitness for a particular purpose. 

 

Chipotle assumes no responsibility for any malfunctions, errors or failures that are human or technical in nature.  Without limiting the generality of the foregoing, Chipotle 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.  Chipotle 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. 

 

ARBITRATION PROVISION:  By participating in this Promotion, each participant (and any minor participant’s parent or legal guardian) agrees that any claim, controversy or dispute (whether in contract, tort, or otherwise) you may have at law or in equity against the Promotion Entities arising in whole or in part out of or relating in any way to (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 (each, a “Promotion Dispute”) will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. It affects your rights and will have a substantial impact on how Promotion Disputes are resolved.

Opt-Out.  You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to: CMG Strategy Co., LLC, Attn: Promotion Legal Disputes, 610 Newport Center Drive, Suite 1100, Newport Beach, California, 92660 (the “Notice Address”), within thirty (30) calendar days of your initial agreement to these Terms. The letter must be signed personally by you or your legal guardian (and not your counsel) and specify: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

Pre-Arbitration Dispute Resolution.  You agree that whenever you have a Promotion Dispute, you will first 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 Terms. You must send the Demand to the Notice Address listed above. The Demand must seek to resolve only your individual Promotion Dispute and must be personally signed by you (and not your counsel). Within twenty (20) days of receipt of a Demand, the recipient may request an individualized video or telephone conference that both parties must personally attend (with counsel, if represented). You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) days after the conference. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating arbitration. This procedure is essential to providing each of you and the Promotion Entities a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. Notwithstanding the scope of arbitration outlined in the first paragraph of this dispute resolution section, a court of competent jurisdiction may enjoin a party from filing or proceeding with an arbitration if these requirements have not been met.

Arbitration Procedure: If the disagreement stated in the Demand is not resolved to your satisfaction within ten (10) business days after the conference described above (or within ten [10] business days after the time when such a conference may be requested if no conference has been requested), the Promotion Dispute (1) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “Arbitrator”) and conducted before a sole arbitrator in accordance with the AAA Consumer-Rules (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (2) 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; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by these Terms and any of the other agreements referenced herein that the applicable user may have entered into; (5) the arbitrator shall apply Colorado law, without regard to its choice of law or conflict of law rules or principles that would result in applying the law of any other jurisdiction, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) 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 Promotion Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated unless the Mass Arbitration provisions set forth below are triggered; (7) the arbitrator shall not have the power to award punitive damages against you or any Promotion Entity; (8) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Chipotle or its designee will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) 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 (6) 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 Promotion Entity shall be required 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 that will honor the requirements set forth above.

Mass Arbitration:

If, at any time, 25 or more claimants (including you) submit Demands that are not resolved through the pre-arbitration dispute resolution or seek to file demands for arbitration raising similar claims against any Promotion Entity, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and the Promotion Entities agree that AAA shall not serve as Arbitrator and that instead NAM shall administer any Mass Filing claims and that the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of your dispute might be delayed.

Stage One: Counsel for the claimants and counsel for the Promotion Entities shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and the Promotion Entities will pay the mediator’s fee.

Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for the Promotion Entities shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and the Promotion Entities will pay the mediator’s fee.

Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for the Promotion Entities shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.

If your Claim is not resolved as part of the staged process identified above, either:

Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. The Promotion Entities may opt your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.

OR

Option Two: If neither you nor we elect to have your Claim heard in court consistent with Option One, then you agree that your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim will proceed in a court of competent jurisdiction consistent with these Terms.

You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Mass 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 unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.

 [AT1]This involves a visit to a store, potentially during school hours.  We recommend limiting participation to adults.

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