The “Chipotle Summer of Extras Challenge” Promotion
Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. PROMOTION DESCRIPTION: The “Chipotle Summer of Extras Challenge” Promotion (the “Promotion”) begins on or about June 1, 2025 at 6:00 a.m. Pacific Time (“PT”) and ends on August 31, 2025 at 11:59 p.m. PT (the “Promotion Period”). The Promotion consists of a series of independent drawings (each, a “Drawing” and collectively the “Drawings”) that are scheduled to take place during the Promotion Period as follows: (i) up to forty-nine (49) Drawings organized by state (the “State Drawings”); and (ii) up to thirteen (13) weekly Drawings (the “Weekly Drawings”). The Drawings are scheduled to take place as set forth in greater detail below. Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1100, Newport Beach, California, 92660 (“Sponsor”), which shall be final and binding in all respects.
2. ELIGIBILITY: Only legal U.S. residents of the forty-eight (48) continental United States and District of Columbia who are at least thirteen (13) years of age at the time of entry and who have a Chipotle Rewards account (each, an “Account”) and who opt in to the Promotion in their Account (as described below) are eligible to enter. Entrants under the age of majority in their state of residence (a “minor”), must get their parent or legal guardian’s permission to enter the Promotion, and if a minor wins, their parent or legal guardian will need to co-sign the “Prize Claim Documents” (defined below). Officers, directors and employees of Sponsor and each of Sponsor’s 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 win a prize in the Promotion. Employees of the Promotion Entities and other persons identified in the foregoing sentence (“Disqualified Persons”) will be able to Opt In and obtain the “Rewards Points” (as defined below) and digital badges associated with “Qualifying Purchases” (as defined below); notwithstanding the ability to Opt In or earn Rewards Points, digital badges and Drawing entries, Disqualified Persons are not eligible to win any prize in the Drawings. If, during the winner verification process, Sponsor determines that a potential winner is a Disqualified Person, Sponsor reserves the right to disqualify such potential winner. This Promotion is void where prohibited. If an entrant does not have a Chipotle Rewards account, the entrant can create one for free at www.chipotle.com/rewards; participation in the Chipotle Rewards program is subject to the Chipotle Rewards Terms and Conditions (https://www.chipotle.com/about-us/rewards-terms) (the “Rewards Terms”).
3. HOW TO ENTER:
3.1. Promotion Opt In: To enter any of the Drawings, eligible entrants must log into their Account on the Chipotle app or the Chipotle website and follow the instructions to affirmatively opt into the “Summer of Extras” (the “Opt In”). This can be found under the “Rewards” section of the entrant’s account. IMPORTANT: If you do not Opt In, you will not be entered into any of the Drawings described in these Official Rules.
If an entrant Opt Ins in between the start of the Promotion Period and June 10, 2025 at 11:59 p.m. PT, any Drawing entries submitted prior to the Opt In will be included in the applicable Drawing, subject to the limits, terms, and conditions set forth in these Official Rules. If an entrant Opt Ins on or after June 11, 2025 during the Promotion Period, only entries submitted after the Opt In will be included in the applicable Drawing, subject to the limits, terms, and conditions set forth in these Official Rules.
3.2. State Drawings:
3.2.1.General: During the Promotion Period, Chipotle will offer a series of State Drawings. Each State Drawing corresponds to one of the forty-eight (48) contiguous United States and the District of Columbia. Each entrant is only permitted to enter one (1) State Drawing during the Promotion Period. Sponsor will include each entrant in different State Drawings based on the following criteria:
3.2.1.1. Purchase Method of Entry. For entrants who enter the Promotion by making purchases, entrants will be entered into the State Drawing that corresponds to the state where the entrant made the greatest number of “Qualifying Purchases” (as defined below) during the Promotion Period. If an entrant makes Qualifying Purchases in multiple states, any entries that the entrant earns based on those Qualifying Purchases will be counted in the State Drawing the entrant has been entered into by Sponsor. If an entrant makes an equal number of Qualifying Purchases in multiple states, the entrant will be entered into the State Drawing that corresponds to the location of the entrant’s first Qualifying Purchase during the Promotion Period.
3.2.1.2. Online Method of Entry. For entrants who enter the Promotion using the online method of entry, entrants will be entered into the State Drawing that corresponds to the address used by the entrant to complete the entry form. Entrants cannot enter multiple addresses to enter additional State Drawings. Any attempt to enter more than one (1) State Drawing is a violation of these Official Rules and such entries may not be counted.
3.2.2.Entry Limits: Eligible entrants are permitted to enter a State Drawing up to sixty (60) times per calendar month during the Promotion Period, regardless of the method of entry, for a total of up to one hundred and eighty (180) possible entries during the entire Promotion Period.
3.2.3.How to Enter: Eligible entrants have two ways to enter a State Drawing during the Promotion Period:
3.2.3.1. Purchase Method of Entry. Eligible entrants can obtain entries into a State Drawing by making “Qualifying Purchases” (as defined below) in the quantities set forth in the table below during each calendar month of the Promotion Period. Eligible entrants can make up to two (2) Qualifying Purchases per calendar day; any purchases in excess of this amount will not be counted as a Qualifying Purchase. Qualifying Purchases will be tracked during each calendar month of the Promotion Period, such that the entrant’s Qualifying Purchases will reset at 12:01 a.m. on the first day of each subsequent month during the Promotion Period, if any. Entrants earn entries by unlocking tiers during each calendar month of the Promotion Period. Tiers are cumulative (for example, if an entrant makes 5 Qualifying Purchases to reach Tier 3 during a particular calendar month, the entrant will receive a total of 30 entries into the applicable State Drawing). Additionally, entrants will have the opportunity to earn additional Chipotle Rewards points (“Rewards Points”) and digital badges based on Qualifying Purchase activity, which are subject to the Rewards Terms. During each calendar month of the Promotion Period, eligible entrants can earn up to the following number of entries, Rewards Points, and digital badges based on Qualifying Purchase activity:
| Number of Qualifying Purchases per Month | Entries into State Drawing | Rewards Points | Digital Badges |
Tier 1 | 1 | 5 | 50 | 1 |
Tier 2 | 3 | 10 | 100 | 1 |
Tier 3 | 5 | 15 | 200 | 1 |
Tier 4 | 7 | 30 | 300 | 1 |
A “Qualifying Purchase” means (i) a transaction in the United States at a Chipotle restaurant, or via the Chipotle website or Chipotle app, (ii) using the entrant’s Account, (iii) that includes at least one (1) entrée item (defined as a burrito, burrito bowl, single order of tacos, quesadilla, or a salad). Purchases made without using the entrant’s Account, or outside of the United States, or more than the daily transaction limit (2 per day) will not be counted as a Qualifying Purchase.
3.2.3.2. Without Making a Purchase. Eligible entrants can obtain entries into a State Drawing without making a purchase. To enter a State Drawing without making a purchase, visit chipotle.com/order/summer-amoe-grand-prize, log into your Account, and follow the instructions on screen to complete the requested information and submit the form. By submitting the form, eligible entrants will receive one (1) entry into the applicable State Drawing. Entrants are permitted to submit the form up to three (3) times per day, for up to sixty (60) entries per calendar month during the Promotion Period.
3.3. Weekly Drawings: Up to thirteen (13) Weekly Drawings are scheduled to take place during the Promotion Period. The entry period for each Weekly Drawing (each, an “Entry Period”), is scheduled to begin on Sunday at 12:00 a.m. PT and is scheduled to end the following Saturday at 11:59 p.m. PT during the Promotion Period, except for the Entry Period for final week of the Promotion Period which is scheduled to begin on Sunday August 24, 2025 at 12:00 a.m. PT and is scheduled to end Sunday August 31, 2025 at 11:59 p.m. PT.
3.3.1.Weekly Drawing Entry Limits: There is a limit of one (1) entry per eligible entrant in each Weekly Drawing, regardless of the method of entry.
3.3.2.How to Enter Weekly Drawings. Eligible entrants can enter each Weekly Drawing in one of two ways:
3.3.2.1. Purchase Method of Entry. Entrants who make a Qualifying Purchase during the Entry Period for the applicable Weekly Drawing will receive one (1) entry into the applicable Weekly Drawing.
3.3.2.2. Without Making a Purchase. Eligible entrants can obtain entries into a Weekly Drawing without making a purchase by visiting chipotle.com/order/summer-amoe-weekly, logging into your Account, and following the instructions on screen to complete the requested information and submit the form. By submitting the form during an Entry Period, eligible entrants will receive one (1) entry into the applicable Weekly Drawing.
3.4. Additional Terms Applicable to Drawings:
All entries for each State Drawing must be received by the end of the Promotion Period and all entries for each Weekly Drawing must be received by the end of the applicable Entry Period in order to participate. The Chipotle website’s database clock will be the official timekeeper for this Promotion. Where an entry form is required, all required information on the entry form must be completed to enter and to be eligible to win. Proof of entering information at on the Chipotle website or completing the Opt In is not considered proof of delivery to or receipt by Sponsor of such entry or Opt In. Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Promotion will be used in accordance with Sponsor’s privacy policy located at https://www.chipotle.com/about-us/privacy-policy.
Entry for each of the State Drawings and the Weekly Drawings must be made by the entrant, only through the entry methods described above. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. Tampering with the entry process or the operation of the Promotion, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or used in the Promotion or by any technical or human error which may occur in processing of the entries in the Promotion. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries or Opt Ins.
4. WINNER SELECTION AND NOTIFICATION:
4.1. State Drawings: At the end of the Promotion Period, Sponsor will conduct up to forty-nine (49) State Drawings to select up to one (1) potential winner in each State Drawing from among all eligible entries received throughout the Promotion Period.
4.2. Weekly Drawings: At the end of Entry Period during the Promotion Period, Sponsor will conduct one (1) Weekly Drawing to select up to ten thousand (10,000) potential winners from among all eligible entries received during the applicable Entry Period.
4.3. Additional Drawing Terms: Each Drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. A potential winner will be notified by email using the contact information associated with the entrant’s Account. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within forty-eight (48) hours of delivery of the winner notification, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit the potential winner’s prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if a potential winner has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential winners of an applicable prize in accordance with such procedure, and if there is still no confirmed winner of such applicable prize after such attempts have been made, if any, the corresponding prize may go unawarded.
5. PUBLICITY RELEASE: By participating in the Promotion, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in and/or winner of the Promotion, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, social media tag, likeness, and biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, to advertise, market, and promote the Promotion Entities or the Promotion or other promotions, and each entrant and/or prize winner(s) hereby release the Promotion Entities from any liability with respect thereto.
6. PRIZES: The following prizes are available in this Promotion:
6.1. State Drawings: In each State Drawing, one (1) prize is available. Each prize consists of one (1) Burritos for a Year Prize, which consists of fifty-two (52) Chipotle Rewards credits each good for one (1) free regular menu entrée item (as defined below) per week for a year, or a total of up to fifty-two (52) regular entrée items, and one (1) limited edition Chipotle gift card loaded with $100. The approximate retail value (“ARV”) of each Burritos for a Year prize is Six Hundred and Fifty-Four Dollars and Eighty-Four Cents ($654.84).
6.2. Weekly Drawings: In each Weekly Drawing, ten thousand (10,000) prizes are available. Each prize consists of one (1) code redeemable for one (1) regular entrée item (the “Entrée Code”). Each Entrée Code can be redeemed by placing an order through the Chipotle app, in-restaurant or on Chipotle.com at a Chipotle restaurant. Entrée Codes cannot be redeemed via third-party delivery platforms. Each Entrée Code can be redeemed for one (1) regular menu entrée item. For clarity purposes, “regular menu entrée item” means a burrito, burrito bowl, single order of three (3) tacos, a salad, or a quesadilla (limited to digital orders only) subject to availability, excluding extra protein, or guac or queso blanco toppings. Gratuities and any sides are not included and are the responsibility of the customer. A regular menu entrée item does not include kids’ meals, 3-point meals, or single tacos. Not valid on catering orders. Offer cannot be combined with any other coupons, promotions, or special offers. The total ARV of each Entrée Code is Ten Dollars and Sixty-Seven Cents ($10.67). The total ARV of all Entrée Codes available in each Weekly Drawing is $106,7000.00. Entrée Codes expire seven (7) days after issue. Limit one (1) Entrée Code per person per Weekly Drawing.
No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Applicable portions of prizes will be delivered only to an address in the United States. The total ARV of all prizes awarded in this Promotion is $1,419,187.16.
Many will enter, only one (1) will win in each State Drawing, and only ten thousand (10,000) will win in each Weekly Drawing. Actual odds of winning depend on the number of eligible entries received in each Drawing.
7. GENERAL PRIZE CONDITIONS: Prizes will be awarded only if each potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Promotion materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is a minor, at Sponsor’s option, the applicable prize will either be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents by the deadline specified in the prize notification, the winner may be disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
8. GENERAL LIABILITY RELEASE/FORCE MAJEURE: Each entrant (and any minor entrant’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 Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Chipotle website or app 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. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; 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 Chipotle website or app, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like 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, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries or Opt Ins will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entries or Opt In may be deemed ineligible. 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 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. In the event an insufficient number of eligible entries are received for any State Drawing or Weekly Drawing and/or Sponsor is prevented from awarding the applicable prize or continuing with the Promotion, or the affected State Drawing, or Weekly Drawing as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Promotion. If the Promotion (or any State Drawing or Weekly Drawing) is terminated before the designated end date, Sponsor may (if possible) select the winner(s) for the affected Drawings in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of the prize described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
9. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
10. ARBITRATION PROVISION: By participating in this Promotion, each entrant 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 Official Rules by sending a written letter to: CMG Strategy Co., LLC, Attn: Sweepstakes 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 Official Rules. 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 Official Rules 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 Official Rules. 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 represent ed). 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 fort h 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 Official Rules 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 Official Rules. 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 peri od. 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 arbitration s. 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 Official Rules.
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 case s. 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.
11. WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally required winners list, send a self-addressed stamped envelope to: The Chipotle Summer of Extras Promotion Winners List, 610 Newport Center Drive, Suite 1100, Newport Beach, California, 92660, and be sure to include in the subject line of the request the applicable state for any State Drawing, or week number for any Weekly Drawing. All such requests must be received within six (6) weeks after the end of the Promotion Period.