Chipotle -- Rewards Terms

 

CHIPOTLE REWARDS — TERMS AND CONDITIONS


(LAST UPDATED JULY 22, 2021)

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, RECEIVING OR USING A CHIPOTLE REWARDS LOYALTY ACCOUNT OR OTHERWISE PARTICIPATING IN A CHIPOTLE REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER INCLUDED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN ANY CHIPOTLE REWARDS PROGRAM. 

GENERAL APPLICATION OF TERMS; PRIVACY

These Terms and Conditions (the “Chipotle Rewards Terms”) apply to any access to and/or participation in the Chipotle rewards programs (“Chipotle Rewards") which are operated by CMG Strategy Co., LLC, on behalf of the Chipotle Mexican Grill group of affiliated companies (collectively, “Chipotle"). These Chipotle Rewards 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 outside the context of Chipotle Rewards. Information collected in connection with Chipotle Rewards is governed by the Chipotle Privacy Policy. Please read the Chipotle Privacy Policy at privacy-policy carefully to understand how Chipotle collects, uses and discloses information about customers and how to update or change your personal information and/or the ways Chipotle communicates with you.

ELIGIBILITY

Chipotle Rewards is open to legal residents of the 50 United States of America and Washington, D.C. who are 13 years of age or older. Chipotle Rewards and earned loyalty points are intended for personal use only. Commercial use is prohibited. Chipotle Rewards are 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 participate in Chipotle Rewards only with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these Chipotle Rewards Terms.

HOW CHIPOTLE REWARDS WORKS

Participants in Chipotle Rewards may accumulate loyalty “points” that entitle the participant to Chipotle Rewards benefits, or “Rewards," at participating Chipotle restaurants in the 50

United States and Washington D.C. Redemption of Rewards is subject to availability, and Rewards may not be redeemed in combination with other promotions, special offers, discounts or coupons unless specifically allowed by the terms of a specific promotion. Loyalty points are awarded with each qualifying purchase in relation to the amount spent at participating U.S. Chipotle Mexican Grill restaurants. Purchases begin accumulating points upon the first presentation of a digital Chipotle Rewards account at the time of a qualifying purchase.

HOW TO ENROLL

To enroll in Chipotle Rewards and begin accumulating points: (i) participants who have not created an account through the website located at www.chipotle.com or the Chipotle mobile ordering app, must first create an account and agree to participate in Chipotle Rewards, which may at the participant’s option include opting-in to receive marketing communications from Chipotle via e-mail or SMS or other text message communication; and (ii) participants who already have an account can join Chipotle rewards by following the “Join Now” in the Chipotle mobile ordering app. Participants are not required to opt-in to receive text messages or marketing communications via SMS in order to participate in Chipotle Rewards or as a condition of purchasing any goods or services. Participants who elect to opt-in acknowledge that Chipotle or its designee may send them commercial text messages using automated technology. Participants who elect to opt-in consent and agree to that type of contact. Wireless service providers may charge participants for each text message, including any error message, that is sent and received in connection with Chipotle Rewards. Participants should consult their wireless service provider’s pricing plan for details. Participants can opt out at any time.

Registration may require you to provide your first name, last name, password, email address (required in order to receive all eligible Rewards), mobile telephone number, and marketing preferences, and you may also elect to provide other information, including your birthday.

If you change your account country to one that is not located within the 50 United States or Washington D.C., your Chipotle Rewards account will be deactivated. Once deactivated, you will no longer be able to accumulate points or receive or redeem Rewards under your Chipotle Rewards account. Previously credited points and Rewards may also expire as described below.

You may have only one Chipotle Rewards account registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated by Chipotle in its sole discretion.

ACCUMULATING POINTS

You may accumulate points for any qualifying purchase made on and after your date of enrollment in Chipotle Rewards. To receive credit for a qualifying purchase and accumulate points, you must present your digital Chipotle Rewards account (i) at the point-of-sale at a participating U.S. Chipotle restaurant at the time of payment for a qualifying purchase transaction, or (ii) provided you are logged in to your account, at the time you place an order for a qualifying purchase (including a qualifying catering order) at www.chipotle.com or via the Chipotle mobile ordering app. Points will not be awarded for purchases at www.chipotle.com if you order or check out as a guest and not via your Chipotle Rewards account. Chipotle reserves the right to retroactively award points not meeting these conditions in its sole discretion and only upon provision of a valid receipt by you regarding such purchase; however, points will not be awarded for (i) purchases occurring prior to your enrollment in Chipotle Rewards; or (ii) purchases made more than thirty (30) days prior to a request made to Chipotle for such credit. In no event will Chipotle retroactively award points to any Chipotle Rewards account for more than (a) two purchases on one transaction date; (b) two purchases within one calendar week; or (c) four purchases within one calendar month.

In order to accumulate points, 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 or redemption of a Reward) will accrue points only for the amounts, if any, paid in cash. Qualifying orders must total at least $1.00 (excluding sales tax and subject to the other exclusions set forth in the next paragraph) in order to accumulate points. Each Chipotle Rewards participant account is limited to three qualifying purchases per day. 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 accumulate points. Taxes, tips, donations, and fees, including without limitation, delivery fees, bag fees, service fees, convenience fees, and recycling deposits, will also be excluded from a purchase total when computing qualifying purchases. Purchases at Chipotle restaurants in the United Kingdom, France, Germany, and Canada, or at Pizzeria Locale or other restaurant concepts in which Chipotle has an interest, will not qualify toward accumulation of points, regardless of whether a Chipotle Rewards account is presented at the time of purchase.

If you void or cancel a qualifying purchase credited toward accumulation of points, Chipotle reserves the right to deduct the points associated with that purchase from your account.

REWARDS

Once a Chipotle Rewards participant accumulates the number of points needed for a Reward, the participant can redeem their points in the Rewards Exchange section of their account. Once points are redeemed, the corresponding Reward will be automatically added to the participant’s account if the Reward is a Chipotle menu item. Some Rewards will be added immediately, while others will be added within approximately 48 hours. When a Reward is added to a participant’s account or otherwise redeemed, the points associated with that Reward will be deducted from the account.

Rewards that consist of Chipotle menu items are valid at participating Chipotle restaurants in the United States, subject to availability. Chipotle may offer participants various other opportunities to use or redeem their points (e.g., for Chipotle Goods merchandise, or to allow a participant to indicate that he or she would like to surrender points to Chipotle in exchange for Chipotle making a donation to a specified charity). Additional terms and conditions, if any, that are particular to the opportunity will be provided in conjunction with the offer, but such opportunities will otherwise constitute a Reward that is governed by these Chipotle Reward Terms. Once your points have been redeemed, they are gone and there are no refunds, returns or exchanges for additional points, cash, or other goods and services, even if you return the Reward or other item(s) that your points were redeemed toward.

Except as otherwise provided in these Chipotle Rewards Terms or in the terms communicated in conjunction with a particular Reward, Rewards expire if not used within 60 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. A digital Reward coupon associated with a valid Chipotle Rewards account will be required to redeem any Reward.

Rewards may not be redeemed at Chipotle restaurants in the United Kingdom, Canada, France and Germany, or at Pizzeria Locale or other restaurant concepts in which Chipotle has an interest.

Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed in conjunction with the opportunity to redeem points for such Rewards, or added to these Chipotle Rewards Terms from time to time.

TRACKING YOUR ACCOUNT

Chipotle Rewards participants can view and track qualifying purchases and available Rewards by logging into participant’s account at order.chipotle.com/account/login or via the Chipotle mobile ordering app. Chipotle reserves the right to change the number of points required to earn Rewards and/or the benefits associated with one or more Rewards in its sole

discretion at any time. Rewards points expire after six months of account inactivity (i.e., no qualifying purchases), unless sooner terminated as a result of an account being deactivated as provided herein.

SPECIAL OFFERS

Chipotle may from time to time in its sole discretion make available to participants in Chipotle Rewards the opportunity to earn additional points through special offers, challenges, bonuses or other promotions. The terms and conditions applicable to any such special offers will be determined by Chipotle in its sole discretion and communicated to participants in conjunction with any such offers. Because any terms and conditions associated with any special offers under Chipotle Rewards may be different from or in addition to provisions of these Chipotle Rewards Terms, you should read any such special offer terms and conditions carefully before participating in any special offer.

GUAC MODE BONUS

Effective February 10, 2020, Chipotle may from time to time offer a “Guac Mode” promotion in which Chipotle Rewards members enrolled on or prior to February 20, 2020 may be entitled to periodic bonus offers of a free topping or side of guacamole with the purchase of a regular-priced entrée (a “Guac Mode Bonus Reward”). Guac Mode Bonus Rewards will be deposited in selected Chipotle Rewards accounts and will be subject to an expiration date that may be as soon as 1 day after being deposited in an account. Guac Mode Bonus Rewards are not valid on catering, Burritos by the Box, or orders placed via third party delivery platforms, and redemption is limited to participating U.S. Chipotle restaurants only and is subject to availability. Guac Mode Bonus Rewards may not be combined with other coupons, promotions, or special offers unless specifically allowed by the terms of a specific promotion. Additional terms, conditions, limitations or restrictions may apply, and may be disclosed in association with any Guac Mode Bonus Reward, or added to these Chipotle Rewards Terms from time to time. Chipotle may discontinue or alter the terms of the Guac Mode promotion at any time.

LIMITATIONS, RESTRICTIONS AND OTHER TERMS

Your digital Chipotle Rewards card, ID number, scannable code or other identifier associated with the Chipotle Rewards 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 Chipotle Rewards account.

Chipotle’s determinations of participant eligibility or any questions or disputes arising under the Chipotle Rewards Program, these Chipotle Rewards Terms or any other Chipotle

Rewards program rules or restrictions shall be final and binding and not subject to challenge or appeal. Other than as set forth in the Dispute Resolution section of these Chipotle Rewards Terms, nothing in these Chipotle Rewards Terms will limit Chipotle from exercising any legal or equitable rights or remedies that it may have.

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

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

There may be a limited number of a particular Rewards available, and those Rewards will be delivered on a first-come, first-served basis. Chipotle reserves the right to modify, amend or revise the Rewards that are made available. Participants may not rely on the continued availability of a particular Reward. The number of points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or its redemption may be imposed by Chipotle or the third party supplying the Reward. Physical Rewards will be shipped only to the United States address provided by the participant in his or her account and will not be shipped to any other person or address. Chipotle reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Rewards will be fulfilled within six to eight weeks from date of redemption. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Chipotle Rewards materials are for illustrative purposes only. The actual Reward may vary from the Reward pictured.

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 Chipotle Rewards. If, for any reason, the Chipotle Rewards 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 Chipotle Rewards program, Chipotle reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Chipotle Rewards program or otherwise respond to the circumstances as Chipotle deems appropriate.

CHANGES TO CHIPOTLE REWARDS

Chipotle reserves the right to change, update and/or discontinue, in whole or in part, Chipotle Rewards or any portion of the program, all or any portion of these Chipotle Rewards Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to Chipotle Rewards, at any time in its sole discretion and without advance notice to you or any other participants. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions to our terms, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify the Chipotle Rewards Terms, we will revise the “last updated” date located at the top of these Chipotle Rewards Terms. If you continue to participate in the Chipotle Rewards program by earning points, redeeming points, logging into your account or otherwise participating in the program in any way after a change to these Chipotle Reward Terms, you will be deemed to have read, understood and unconditionally consented and agreed to such changes; therefore, you should review these Chipotle Rewards Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to Chipotle Rewards. If you do not agree to the Chipotle Rewards Terms, you must stop participating in Chipotle Rewards.

DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

You agree that any claim, controversy or dispute (whether in contract, tort, or otherwise) you may have at law or in equity against Chipotle, its parent subsidiary or affiliated entities, or any of their respective officers, directors, employees or agents (all such individuals and entities collectively referred to herein as the “Chipotle Rewards Entities”) arising out of or relating in any way to Chipotle Rewards, points or any Reward, your participation in any Chipotle Rewards program, these Chipotle Rewards Terms or the scope or applicability of this agreement to arbitrate (each, a “Chipotle Rewards 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 Chipotle

Rewards Disputes are resolved. You agree that whenever you have a Chipotle Rewards 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 Chipotle Rewards Terms. You must send the Demand to the following address (the “Notice Address”): Chipotle Rewards Legal Disputes, 610 Newport Center Drive, Suite 1400, Newport Beach, California, 92660. 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 Chipotle Rewards 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 Chipotle Rewards 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 Chipotle Rewards 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 Chipotle Rewards Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Chipotle Rewards 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 on your behalf, subject to ultimate allocation by the arbitrator; 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 Rewards Entity shall be entitled 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.

LIMITATIONS ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE CHIPOTLE ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CHIPOTLE REWARDS 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 SUCH REGISTERED PARTICIPANT ANY REWARD, LIABILITY WILL BE LIMITED TO THE EQUIVALENT REWARD. PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. BY PARTICIPATING IN THE CHIPOTLE REWARDS PROGRAM, EACH REGISTERED PARTICIPANT ALSO WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION ARISING OUT OF OR RELATED TO THE CHIPOTLE REWARDS PROGRAM 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. AFTER SUCH ONE (1) YEAR PERIOD, THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL BE DEEMED INCONTESTABLE.