THE CHIPOTLE PARTY PROMOTION

TERMS AND CONDITIONS

AVAILABLE WHILE CODES LAST.  The “Chipotle Party Promotion” (the “Promotion”) begins on or about May 1, 2023 at approximately 8:01 a.m. Pacific Time (“PT”) and ends on May 5, 2023 at the earlier of (i) when all “BOGO Codes” (as defined below) have been claimed; or (ii) 11:59 a.m. PT (the “Promotion Period”).  Each calendar day during the Promotion Period is referred to as a “Day”.  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, Partiful Co., and each of their 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”.  Employees of the Promotion Entities are not eligible to participate in the Promotion. 

During the Promotion Period, Chipotle invites users to create an event on the Partiful service for friends who have never tried Chipotle (each a “Partiful Event”) that complies with the “Event Specifications” (as defined below). Each Partiful Event must comply with the following “Event Specifications”: the Partiful; Event must not include images, content, text, or themes that are deemed by the Chipotle to be obscene, pornographic, libelous or otherwise objectionable.  Chipotle reserves the right to disqualify any Partiful Event that does not meet the Event Specifications.  Important: In the description of your Partiful Event you must include the hashtag #ChipotlePartyPromo. 

Each Day during the Promotion Period beginning at 8:00 a.m. PT, Chipotle will respond to up to the first twenty (20) eligible participants who send a direct message to @Chipotle on Instagram with a link inviting Chipotle to their Partiful Events (the “Daily Event Cap”) and Chipotle will comment in each such Partiful Event with one (1) BOGO Code per person who RSVPed yes at the time Chipotle fulfills the BOGO Codes to the Partiful Event up to a maximum of twenty-five BOGO Codes per Partiful Event (the “BOGO Code Cap”).  Chipotle will use reasonable efforts to fulfill BOGO Codes within twenty-four (24) hours.  Limit one (1) Partiful Event per eligible participant during the Promotion Period and one (1) award of BOGO Codes per Partiful Event.  As used in these terms, “BOGO Code” means one (1) Buy One Get One Free 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, when ordered via the Chipotle mobile app or the Chipotle website from a participating Chipotle restaurant in the United States or Canada. 

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) BOGO Code per transaction.  BOGO 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 May 5, 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.  Personal information collected in connection with the Promotion by Chipotle will be used in accordance with Chipotle’s privacy policy located at: for U.S. participants: https://www.chipotle.com/about-us/privacy-policy; for Canadian participants: https://www.chipotle.ca/about-us/privacy-notice.  A free Partiful account is required to participate in the Promotion.  If any participant does not have a Partiful account, the participant can create a Partiful account for free at www.partiful.com.  Use of the Partiful service is subject to Partiful’s Terms of Service: https://partiful.com/terms; and Privacy Notice: https://partiful.com/privacy. 

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.

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, including but not limited to communication failures.  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. 

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 BOGO Code, and (B) has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any BOGO Code.  Chipotle 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 BOGO 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 Chipotle’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, Chipotle (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 Chipotle 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.

SOCIAL NETWORK RELEASE AND DISCLAIMER: Each participant (and any minor participant’s parent or legal guardian) acknowledges and agrees that this Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. By participating in the Promotion each entrant (and any minor participant’s parent or legal guardian) hereby releases and agrees to hold harmless Instagram completely from any liability in respect of the Promotion. Use of the Instagram service will be subject to Instagram’s data policy and terms of use, which are available at: https://help.instagram.com/155833707900388 and https://help.instagram.com/581066165581870?ref=dp.  Any questions, comments or complaints regarding the Promotion will be directed to the Promotion Entities and not Instagram.