TERMS AND CONDITIONS OF PARTICIPATION – CHIPOTLE’S “CHIPTOPIA” REWARDS PROGRAMS

LAST UPDATED DATE: JUNE 27, 2016
 

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, RECEIVING OR USING A DIGITAL OR PHYSICAL CHIPTOPIA CARD OR OTHERWISE PARTICIPATING IN A CHIPTOPIA PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF PARTICIPATION, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN ANY CHIPTOPIA PROGRAM.

These Terms and Conditions of Participation (the “Chiptopia Terms”) apply to any access to and/or participation in the Chiptopia rewards programs (“Chiptopia") which are operated by CMG Strategy Co., LLC, on behalf of the Chipotle Mexican Grill group of affiliated companies (collectively, “Chipotle"). Chiptopia is open to legal residents of the 50 United States of America and the city of Washington, D.C. Chipotle employees are not eligible to participate in Chiptopia. These Chiptopia Terms do not alter in any way the terms or conditions of any other agreement you may have with Chipotle for other products and services, or the terms or conditions of any other promotional offers or programs conducted by Chipotle from time to time. Chipotle reserves the right to change, modify and/or discontinue any Chiptopia program, in whole or in part, all or any portion of these Chiptopia Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to Chiptopia at any time in its sole discretion and without advance notice to you or any other participants. Any changes or modifications will be effective immediately upon posting the revisions to www.chipotle.com/chiptopia-terms, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify the Chiptopia Terms, we will revise the “last updated” date located at the top of these Chiptopia Terms. Your participation in Chiptopia confirms your acceptance of these Chiptopia Terms and any such changes or modifications; therefore, you should review these Chiptopia Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to Chiptopia. If you do not agree to the Chiptopia Terms, you must stop participating in Chiptopia.

Chiptopia programs are intended for personal use only. Commercial use is prohibited. Chiptopia is not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only participate in Chiptopia under the supervision of a parent or legal guardian who agrees to be bound by these Chiptopia Terms.

Participants in Chiptopia are able to achieve status levels that entitle the participant to Chiptopia benefits, also known as “Rewards," at participating Chipotle restaurants in the United States. Rewards are subject to availability and may not be redeemed in combination with other promotions, special offers, discounts or coupons.

To enroll in Chiptopia and begin accumulating credit toward status levels, visit www.chipotle.com/chiptopia and register for a digital card to be used from a mobile electronic device, or visit a Chipotle restaurant to receive a physical card, subject to availability, and then register the card at www.chipotle.com/chiptopia. Purchases begin accumulating credit toward status levels and Rewards upon the first presentation of a digital or physical Chiptopia card at the time of a qualifying purchase on or after July 1, 2016, but Rewards cannot be redeemed until after a participant registers the card. Credits toward status levels and Rewards stop accumulating as of the close of business on September 30, 2016.

Registration may require you to provide some or all of the following information: username, password, email address (required in order to receive all eligible Rewards), physical address, telephone number(s), card number of a physical Chiptopia card, and card security code (CSC), birthday, name, and marketing preferences. You may only have one Chiptopia account registered to you.

If you change your account address to one that is not located within the 50 United States or Washington D.C., your Chiptopia account will be deactivated. Once deactivated, you will no longer be able to achieve status levels or receive or redeem benefits under your Chiptopia account. Previously credited Rewards may expire as described below.

Except as otherwise described in these Terms, benefits that are available to you through Chiptopia are based on the status levels that you achieve through qualifying purchases. To receive credit for a qualifying purchase, you must present your digital or physical Chiptopia card at the point-of-sale at a U.S. Chipotle restaurant, in conjunction with, and at the time of payment for, a purchase transaction totaling at least $6.00 (excluding sales tax and subject to the other exclusions set forth in the next paragraph). Presentation of your digital or physical Chiptopia card at the point-of-sale is required even for online or mobile orders; orders that are pre-paid through the Chipotle online ordering system or mobile app, or orders through a delivery service, will not be credited to your Chiptopia account. Qualifying purchases may not be credited to a Chiptopia account after payment is made.

Once you have achieved a status level entitling you to a Reward, a Reward entrée that would have a total purchase price of at least $6.00 (excluding sales tax) may qualify toward the achievement of an additional status level, as provided in the program materials for a particular Chiptopia promotion. Otherwise, qualifying purchases must be paid in cash, with a valid debit or credit card, or with a valid Chipotle Gift Card; purchases using other currency or promotional offers (such as Burrito Bucks) do not qualify. Each Chiptopia participant account is limited to one qualifying purchase per day. Multiple purchases during a single day, or purchases of multiple menu items in a single transaction, may count as no more than one qualifying purchase.

Some exclusions apply. For example, purchases of alcoholic beverages or Chipotle Gift Cards (including activations or reloads) do not qualify toward achievement of status levels. Taxes, tips, donations, and fees, including without limitation, delivery fees, bag fees and recycling deposits, may also be excluded from a purchase total when computing qualifying purchases. In addition, purchases at Chipotle restaurants in Canada, the United Kingdom, France and Germany, or at ShopHouse Southeast Asian Kitchen, Pizzeria Locale or other restaurant concepts in which Chipotle has an interest will not qualify toward achievement of status levels, regardless of whether a Chiptopia card is presented at the time of purchase. Rewards may also not be redeemed at Chipotle restaurants in Canada, the United Kingdom, France and Germany, or at ShopHouse Southeast Asian Kitchen, Pizzeria Locale or other restaurant concepts in which Chipotle has an interest.

Generally, once a Chiptopia participant achieves a status level qualifying the participant for a Reward, the Reward will be automatically added to the participant’s account within 24 hours. Except as otherwise provided in these Chiptopia Terms, Rewards expire if not used within 30 days after they have been added to a participant’s account. Redemption of Rewards is subject to availability of the selected Rewards at the time of redemption. Presentation of a valid digital or physical Chiptopia card may be required to redeem Rewards.

If you void a qualifying purchase credited toward achievement of a status level, Chipotle will deduct that purchase from the purchases credited toward the status level.

By registering for Chiptopia in July 2016, a participant’s Chiptopia card will automatically be credited with an additional Reward offer good for a free order of Chipotle chips & guac with the participant’s first qualifying purchase following registration.

For the Chiptopia Summer Rewards Program, there are three status levels within Chiptopia that are determined by the number of qualifying purchases in a calendar month during the Summer Rewards Program term (July, August and September of 2016). In each such calendar month, four qualifying purchases entitles a Chiptopia participant to “Mild Status” and a Reward consisting of one free Chipotle entrée item. After achievement of Mild Status, four additional qualifying purchases (one of which may consist of redemption of the Mild Status Reward entrée) entitles the participant to “Medium Status” and one additional Reward consisting of one free Chipotle entrée item. After achievement of Medium Status, three additional qualifying purchases (which may consist of redemption of the Mild Status and/or Medium Status Reward entrées) entitles the participant to “Hot Status” and one additional Reward consisting of one free Chipotle entrée item. After achievement of Hot Status in a particular month, additional purchases in that month will not count toward any further status levels or accrual of any additional Rewards.

Status levels that have been achieved in one calendar month in the Summer Rewards Program and the number of qualifying purchases that have been made in that month will be reset to zero at the end of the applicable calendar month, so at the beginning of the next month (i.e. at the beginning of both August and September), each Chiptopia participant will start making qualifying purchases without any previously-credited qualifying purchases.

Achievement of status levels over a given program period may entitle Chiptopia participants to additional Rewards we refer to as “Bonus Rewards”. During the Summer Rewards Program, if a participant achieves Mild Status in all three of the calendar months that are included in the Summer Rewards Program (i.e. achieving Mild Status in July, and then again in August and then again in September), the participant will be entitled to receive a Bonus Reward consisting of one free Chipotle entrée item; if a participant achieves Medium Status in all three of the calendar months that are included in the Summer Rewards Program, then in lieu of the Mild Status Bonus Reward, the participant will be entitled to receive a Bonus Reward consisting of a $20 credit redeemable through Chipotle’s online store to cover purchase costs, shipping and handling, and any applicable sales taxes; and if a participant achieve Hot Status in all three of the calendar months that are included in the Summer Rewards Program, then in lieu of the Mild Status Bonus Reward and the Medium Status Bonus Reward, the participant will be entitled to receive a Bonus Reward consisting of one free Chipotle Catering for 20 order (or Burritos by the Box for 20 order depending on local availability of catering). These Bonus Rewards are not cumulative and are limited to one Bonus Reward per participant; a participant will be entitled only to the Bonus Reward associated with the highest status level achieved by the participant in all three program months. Participants that have earned a Bonus Reward may not “trade down” to a lower level Bonus Reward.

Bonus Rewards earned, if any, will expire as follows: the Bonus Rewards for achieving at least Mild Status (i.e., the additional free entrée item) or at least Medium Status (i.e., the $20 online store credit) in all three calendar months that are included in the Summer Rewards Program will each expire on December 31, 2016; the Bonus Rewards for achieving Hot Status in all three calendar months (i.e., the Chipotle Catering for 20 order) will expire on March 31, 2017. To redeem a Chipotle Catering Bonus Reward, please order at least 7 days in advance for the best chance of our being able to accommodate your preferred date.

Chiptopia participants can view and track qualifying purchases, status levels achieved and available Rewards on  www.chipotle.com/chiptopia. Chipotle reserves the right to change the number of status levels and to change the benefits and Rewards associated with each level in its sole discretion at any time.

There are no membership fees associated with Chiptopia, although participation with a digital card or use of online services in conjunction with participation in Chiptopia programs may result in data charges, internet access fees or similar expenses. Rewards accumulated under the program have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Rewards obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Rewards may be confiscated or cancelled.

Your digital or physical Chiptopia card, the associated Chiptopia account and any accumulated Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one Chiptopia account.

Without notice to you, Chipotle reserves the right to suspend any Chiptopia card and/or terminate your account and/or your participation in Chiptopia if Chipotle determines in its sole discretion that you have violated these Chiptopia Terms, you have more than one Chiptopia account, or that the use of your Chiptopia account is unauthorized, deceptive, fraudulent or otherwise unlawful. Chipotle may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Chiptopia is terminated, then all accumulated Rewards in your account, and any status levels achieved, are void.

Chipotle reserves the right to terminate, discontinue, modify or cancel any Chiptopia program, these Chiptopia Terms, or any Rewards, at any time and in its sole discretion without notice to you. In addition, Chipotle’s determinations of participant eligibility or any questions or disputes arising under the Chiptopia Program, these Chiptopia Terms or any other Chiptopia program rules or restrictions shall be final and binding and not subject to challenge or appeal. Nothing in these Chiptopia Terms will limit Chipotle from exercising any legal or equitable rights or remedies that it may have.

Chipotle is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail as a result of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing qualifying purchases or any unavailability of Rewards, or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in Chiptopia. If, for any reason, the Chiptopia program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Chipotle which corrupt or affect the administration, security, fairness, integrity or proper conduct of any Chiptopia program, Chipotle reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Chiptopia program or otherwise respond to the circumstances as Chipotle deems appropriate.

You agree that any claim, controversy or dispute (whether in contract, tort, or otherwise) you may have at law or in equity against Chipotle or its parent, subsidiaries, affiliates or any of their respective officers, directors, employees or agents (all such individuals and entities collectively referred to herein as the “Chiptopia Entities”) arising out of or relating in any way to Chiptopia, your participation in any Chiptopia program, these Chiptopia Terms or the scope or applicability of this agreement to arbitrate (each, a “Chiptopia Dispute”) will be resolved in accordance with the provisions set forth in the following paragraph. Please read this paragraph carefully. It affects your rights and will have a substantial impact on how Chiptopia Disputes are resolved. You agree that whenever you have a Chiptopia Dispute, you will 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 Chiptopia Terms. You must send the Demand to the following address (the “Notice Address”): Chiptopia Legal Disputes, 1401 Wynkoop Street, Suite 500, Denver, Colorado, 80202. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within such 10 business days, the Chiptopia 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-Related Disputes Supplementary Procedure effective September 15, 2005 (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 Denver, Colorado; (4) the arbitrator’s decision shall be controlled by these Chiptopia 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 Chiptopia Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Chiptopia Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Chiptopia Entity exceed $125 USD, and you are unable (or not required under the rules of AAA) to pay any fees and deposits that exceed this amount, Chipotle agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Chipotle will pay as much of your filing and hearing fees (but not attorney or other representation 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 Chipotle Entity shall be entitled to arbitrate their dispute. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company.

UNDER NO CIRCUMSTANCES SHALL THE CHIPOTLE ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CHIPTOPIA PROGRAM, EVEN IF ANY OR ALL OF THE CHIPOTLE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A REGISTERED PARTICIPANT PROVES THAT CHIPOTLE HAS IMPROPERLY DENIED THAT REGISTERED PARTICIPANT ANY REWARD, LIABILITY WILL BE LIMITED TO THE EQUIVALENT REWARD. BY PARTICIPATING IN THE CHIPTOPIA PROGRAM, A REGISTERED PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.