TERMS AND CONDITIONS

*PROMO CODE OFFER

INSTANT WIN GAME Abbreviated Disclosure: NO PURCHASE NECESSARY.  Game begins on or about July 28, 2025 at 6:00 a.m. PT and ends on July 30, 2025 at 11:59 p.m. PT.  Entry periods: Day 1: 6:00 am PT until earlier of all codes claimed or 11:59 p.m. PT; Days 2 & 3 12:01 a.m. PT until earlier of all codes claimed or 11:59 p.m. PT each day.  Open only to legal U.S. residents of the 50 United States & D.C who are 18 years of age or older.  See www.chipotle.com/avolotto for complete details, including additional eligibility restrictions, prize descriptions/restrictions/ARVs, and odds. “Free guac for a year” awarded as 52 free guac codes. Sponsor: CMG Strategy Co., LLC.

INSTANT WIN GAME Short form Abbreviated Disclosure: No Purch. Nec. Open to 50 US & DC, 18+.  Ends 11:59 pm on 7/30. Entry periods: Day 1: 6:00 am PT - earlier of all codes claimed or 11:59 p.m. PT; Days 2 & 3 12:01 a.m. PT - earlier of all codes claimed or 11:59 p.m. PT each day.  “Free guac for a year” awarded as 52 free guac codes.  Rules: www.chipotle.com/avolotto.

Free Guac National Offer: Chipotle Rewards members receive one (1) free side or entrée topping of guac with purchase of any regular entrée on the Chipotle website or the Chipotle mobile app from participating U.S., CA, UK, or FR locations by using promo code “AVO2025” at digital checkout.  Valid only on July 31, 2025, during normal business hours.  Limit one (1) per transaction.  Redemption subject to availability.  Not available in restaurant or on orders via third party delivery platforms.  Additional cost for premium add-ons (except for side or entrée topping guac).  Not valid on chips & guac orders, kids’ meals or 3 pointers.  Taxes, gratuities, and any other sides are not included and are the responsibility of the customer.  Cannot be combined or used with any other coupons, promotions, or special offers. 

The “National Avocado Day 2025” Instant Win Game

OFFICIAL RULES

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.

PROMOTION DESCRIPTION:  The “National Avocado Day 2025” Instant Win Game (the “Game”) begins on or about July 28, 2025 at 6:00 a.m. Pacific Time (“PT”) and ends on July 30, 2025 at 11:59 p.m. PT (the “Promotion Period”).  Each day during the Promotion Period (each, a “Game Day”) eligible entrants will have the opportunity to play the Game as set forth in greater detail in the “How to Play” section, below.  Entry in the Game does not constitute entry into any other promotion, contest or sweepstakes.  By participating in the Game, 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.

ELIGIBILITY: Only legal U.S. residents who at the time of entry are at least eighteen (18) years of age are eligible to enter.  Officers, directors and employees of Sponsor, Snap, Inc. and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Game (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 enter the Game or win a prize.  This Game is void where prohibited. A free Snapchat account is required to enter. To sign up for Snapchat, go to www.snapchat.com. Use of Snapchat will be subject to Snapchat’s privacy policy and terms of service, which are available at: https://values.snap.com/privacy/privacy-policy and https://www.snap.com/terms.

HOW TO PLAY: Each Game Day, eligible entrants will have the opportunity to play the Game during entry periods (each, an “Entry Period”).  The Entry Period for the first Game Day begins at 6:00 a.m. PT on July 28, 2025 and ends the earlier of: (i) when all available prizes for the Game Day have been redeemed; or (ii) 11:59 p.m. PT on July 28, 2025.  The Entry Period for Each subsequent Game Day begins at 12:01 a.m. PT on the applicable Game Day and ends the earlier of (i) when all available prizes for that Game Day have been redeemed; or (ii) 11:59 p.m. PT on the applicable Game Day. 

To play the Game, during an Entry Period entrants must open the SnapChat app on a compatible device, login to their Snapchat account, and follow the onscreen instructions to use the Chipotle AvoLotto Lens to scan an avocado (each a “Game Play”). Up to one thousand (1,000) entrants will win a prize (as described below) per Game Day.  Winning entrants will be randomly distributed throughout the Entry Period to each 200^th Game Play until all prizes available for the Game Day have been distributed.  The prizes will be distributed based on volume of players, so it is possible that the Entry Period could end very early during the Game Day.  Once the entrant scans an avocado using the Chipotle AvoLotto Lens, one of the following on-screen messages will appear:

·       If an entrant’s Game Play is a non-winning Game Play, a message will appear on screen indicating that the entry did not win a prize and encouraging the entrant to continue scanning.

·       If an entrant’s Game Play is a winning Game Play, an on-screen message will appear in the SnapChat app with one (1) unique code to unlock the “Free Guac for a Year” (as defined below). Entrants must ensure that they save the code immediately upon receiving as there will be no way to access it later.  All entrants who receive a winning Game Play message are potential winners until they follow all steps set out in this paragraph. A winner is not entitled to a prize until the potential winner completes all sets to become a verified winner. IMPORTANT: Entrants who receive a winning Game Play that do not copy or save their code before they  leave the Snapchat screen will lose the offer codes that unlocks the prize and will forfeit the prize.  After the code if copied or saved, the user will be prompted to click on the link to leave the Snapchat experience and follow the steps on the landing page. Sponsor is not responsible for any SnapChat app crash that causes the code to disappear or the intentional or accidental navigation away from the code page by the entrant.  If the Snapchat app crashes, or the user accidentally or intentionally navigates away from the page, the entrant is not entitled to any compensation. Upon receiving this message, the entrant must add the code into the Chipotle App or using the Chipotle website through the Rewards Wallet. The entrant can add the code by: (i) opening the Chipotle App or the Chipotle website; (ii) logging into their Chipotle Rewards account; (iii) clicking the profile icon in the top left of the app; (iv) clicking “My Rewards”; (v) clicking “Add an Offer Code” in the top right; and (vi) typing the code in and clicking done. The code displayed in the SnapChat app must be redeemed by adding it into the Rewards Wallet as described above within five (5) days or all remaining codes associated with the Free Guac for a Year prize will be forfeited. The code will be provided on Snapchat. Note: Winners must have a Chipotle Rewards account to receive the Free Guac for a Year prize. If an entrant is not a member of Chipotle Rewards at the time of entry, the entrant can create an Account for free at: https://www.chipotle.com/rewards.  By signing up for an Account, entrant’s participation in Chipotle Rewards will be subject to the Chipotle Rewards Terms and Conditions available at: https://www.chipotle.com/rewards-terms.

All attempts must be completed by the end of the applicable Entry Period in order to participate.  Sponsor’s clock will be the official timekeeper for this Game.  Proof of entering information is not considered proof of delivery to or receipt by Sponsor of such entry.  Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected by Sponsor in connection with the Game will be used in accordance with Sponsor’s privacy policy located at https://www.chipotle.com/about-us/privacy-policy.  Personal information submitted through the SnapChat app will be collected by Snap, Inc. (and not Sponsor) and used in accordance with the Snap, Inc. Privacy Policy available at: https://values.snap.com/privacy/privacy-policy.  Snap, Inc. may use your personal information for its own independent purposes in accordance with its own independent privacy practices.  Sponsor is not responsible for the storage or any use of your entry information by Snap, Inc. or any other third parties.

Entry must be made by the entrant, only through the entry method described above.  Entries made by any other individual or any entity, and/or originating at any other website 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 Game.  Tampering with the entry process or the operation of the Game, including but not limited to the use of any device to automate the entry process, Game Play, or to secure additional attempts or Game Plays is prohibited and any attempts or Game Plays 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 attempt or Game Play cannot be resolved to Sponsor’s satisfaction, the affected attempt or Game Play 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 Game or by any technical or human error which may occur in processing the attempts and Game Plays in the Game.  The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of attempts, Game Plays, or other information related to the operation of the Game.

PRIZES: One thousand (1,000) prizes available per Game Day for a total of three thousand (3,000) prizes during the entire Promotion Period. The prize consists of one (1) “Free Guac for a Year Prize” as defined below.  Each “Free Guac for A Year Prize” consists of Chipotle Rewards credits good for one (1) side or topping order of guac on per week for a year, or a total of up to fifty-two (52) sides or toppings of guac (the “Free Guac for a Year Prize”).  Note: The first code must be redeemed within five (5) days of receipt of a winning Game Play in the SnapChat app to receive the other codes which will be added to each confirmed winner’s Rewards Wallet on the Chipotle App. The guac code applies to sides and toppings only, and is not valid on orders of chips and guac, kids’ meals or 3 pointers.  Gratuities and any sides or extras are not included and are the responsibility of the customer.  Redemption is subject to availability.  Not valid on catering orders or delivery orders through third-party platforms.  Not valid any other coupons, promotions, or special offers. The Chipotle Rewards credits will expire one (1) year from the date that the Chipotle Rewards are added to each confirmed winner’s Rewards account.  A Chipotle Rewards account is required to claim the prize. 

The approximate retail value (“ARV”) of each Guac for a Year Prize is One Hundred and Forty-Six Dollars and Twelve Cents ($146.12).  The total ARV for all prizes is $438,360.00.

Actual odds of winning depend on the number of eligible entries received during each Game Day.

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 Game materials are for illustrative purposes only.  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.  Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize.  The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to each prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law.  Refusal or failure of each prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W­8BEN, IRS Form W­9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in each prize winner forfeiting the prize(s) and an alternate potential winner may be selected in accordance with these Official Rules.  Sponsor will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable.  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 either will 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 within forty-eight (48) hours of 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 Game.  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.

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes winner’s permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, except where prohibited by law.  Each entrant  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 Game or any Game-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 participating in the Game, 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, including but not limited to the total or partial unavailability of the Website.  Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen 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 Game or the Website, 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 Game, 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, attempts, or Game Plays will be accepted.  If a dispute as to the identity of the individual who actually submitted an attempt or Game Play cannot be resolved to Sponsor’s satisfaction, the affected attempt or Game Play may be deemed ineligible.  Sponsor reserves the right to modify, extend, suspend, or terminate the Game if it determines, in its sole discretion, that the Game 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 Game as contemplated herein.  In the event an insufficient number of eligible attempts and/or Game Plays are received and/or Sponsor is prevented from awarding prizes or continuing with the Game 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), then subject to any governmental approval which may be required, Sponsor reserves the right to modify, suspend, or terminate the Game. Only the type and quantity of prizes described in these Official Rules will be awarded.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  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.

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 GAME 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.

ARBITRATION PROVISION:  By participating in this Game, 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 Game, (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 “Game 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 Game 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: Game 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 Game Dispute, you will first send a written notice to Sponsor (“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 Game 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 represented).  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 forth 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 Game 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, Sponsor 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 period.  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 arbitrations.  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 cases.  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.

WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally required winners list, send a self-addressed stamped envelope to: The National Avocado Day 2025 Instant Win Game Winners List, CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1100, Newport Beach, California, 92660.  All such requests must be received within six (6) weeks after the end of the Promotion Period.