THE CHIPOTLE MAKE IT YOUR OWN PROMOTION

TERMS AND CONDITIONS

AVAILABLE WHILE CODES LAST.  The “Chipotle Make It Your Own” Promotion (the “Promotion”) begins on or about January 9, 2023 at approximately 12:01 am Pacific Time (“PT”) and ends when all “Codes” (as defined below) have been claimed (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 each participant agrees to be bound by these terms and conditions (“Terms”).  Officers, directors and employees of Sponsor and each of its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Promotion are collectively referred to herein as the “Promotion Entities”.

During the Promotion Period, influencers engaged by Sponsor will publish posts on one or more of their social media channels (each, a “Promotion Post”) that (i) announces the Promotion; and (ii) contains a reusable promotion code redeemable for one (1) free Buy One Get One Free code (the “Code”), which entitles the holder to one (1) free regular menu entrée item, with the purchase of one (1) regular menu entrée item at regular price, only when ordered via the Chipotle mobile app or the Chipotle website from a participating Chipotle restaurant.  Up to the first Five Thousand (5,000) participants who use the Code to place an order for a regular entrée item on the Chipotle App or on the Chipotle website will receive one (1) free additional regular entrée item. 

For clarity purposes, “regular menu entrée item” means a burrito, burrito bowl, lifestyle bowl, single order of tacos, quesadilla (only available via the Chipotle App or on Chipotle website), or a salad, subject to availability.  Limit one (1) Code per transaction.  Codes are valid for orders placed through the Chipotle App or the Chipotle website at participating Chipotle restaurants in the United States and Canada from the beginning of the Promotion Period until close of business on January 20, 2023.  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.

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).  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.

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 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 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 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 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.