The “Chipotle National Burrito Day” Promotion

TERMS AND CONDITIONS

 

NO PURCHASE NECESSARY.  VOID WHERE PROHIBITED.  The “Chipotle National Burrito Day” Promotion (the “Promotion”) begins on or about April 7, 2022 at 3:30 p.m. Pacific Time (“PT”) and ends when the “Cap” (as defined below) is reached (the “Promotion Period”).  The Sponsor of this Promotion is CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1400, Newport Beach, CA, 92660 (“Sponsor”).  By participating in the Promotion participants agree to be bound by these terms and conditions (“Terms”).  The Promotion involves the Chipotle Burrito Builder game on Roblox (the “Game”).  Participants play the Game by attempting to roll a burrito.  Participants receive One Hundred (100) in-Game Burrito Bucks for each burrito that they successfully roll.  At the beginning of the Promotion Period, the first One Hundred Thousand (100,000) participants (the “Cap”) who play the Game, successfully roll at least one (1) burrito, will receive one (1) unique code that can be redeemed for one (1) free burrito or regular entrée item for digital only orders placed on the Chipotle website or using the Chipotle app (the “Code”).  To obtain the Code, exchange One Hundred (100) in-Game Burrito Bucks by talking to the crew member in the Game or click “See Code” in the Game.  For clarity purposes, “regular entrée item” means a burrito, burrito bowl, quesadilla, single order of tacos, or a salad, subject to availability and does not include kids meals or three pointers.  Codes are valid for orders placed through the Chipotle website or the Chipotle App at participating Chipotle restaurants in the United States and Canada from the beginning of the Promotion Period until close of business on April 13, 2022.  Gratuities, and any sides or extras are not included and are the responsibility of the customer.  Additional cost for Guacamole, Queso Blanco, extra protein or other premium add-ons. Redemption is subject to availability. Not valid on catering orders or delivery orders through third-party platforms. Restrictions may apply to use with other coupons, promotions, or special offers.

 

Limit: one (1) Code per person. If a participant receives a Code, the participant is not eligible to receive additional Redemption Codes during the Promotion Period.  No substitution for or transfer of Codes is permitted. The Codes have no cash value and Codes may not be redeemed for cash.  The Sponsor’s database clock will be the timekeeper for purposes of this Promotion. 

 

The Promotion is open only to legal residents of Canada and the fifty (50) United States and Washington, D.C., who are physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. territories and possessions).  Each participant must be at least thirteen (13) years of age at the time of entry.  Minors must have consent from their parent or legal guardian to participate. 

 

Sponsor reserves the right to implement policies and procedures as may be necessary to enforce compliance with these Terms. 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 reasonable control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein.

 

Each participant (and any minor participant’s parent or legal guardian) agree that each of Sponsor (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from participants’ acceptance, receipt, possession and/or use or misuse of any Code, and (B) has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Code.  Sponsor assumes no responsibility for any damage to an participant’s, or any other person’s, computer or mobile device which is occasioned by playing the Game to try to obtain a Code 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. 

 

Sponsor assumes no responsibility for any malfunctions, errors or failures that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for miscommunications, or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Game play process or the operation of the Promotion, to be acting in violation of these Terms, or to be acting in a 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.

 

ARBITRATION PROVISION: By participating in this Promotion, each participant (and any minor participant’s parent or legal guardian) agrees: (i) that any and all disputes the participant may have with, or claims participant may have against, Sponsor relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any Code, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration conducted in accordance with the rules of AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Orange County, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Promotion; (v) the arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only participant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the participant or Sponsor; (viii) if the participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither participant nor Sponsor 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.

 

 

CHIPOTLE DAILY BURRITOS FOR A YEAR CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST.  A PURCHASE OF ANY KIND WILL NOT IMPROVE YOUR CHANCE OF WINNING.

1.     DESCRIPTION.  The “Chipotle Daily Burritos for a Year” Contest (the “Contest”) begins at approximately 3:30 p.m. Pacific Time (“PT”) on April 7, 2022 and ends on April 13, 2022 at 11:59 p.m. PT (the “Contest Period”). Each day during the Contest Period, there will be daily competitions (each, a “Competition”). For the first Competition, the entry period (the “Entry Period”) will begin at the start of the Contest Period and will end at 11:59 p.m. PT on April 7, 2022.  The Entry Period for all other Competitions will begin at 12:01 a.m. PT and end at 11:59: p.m. PT on each calendar day during the Contest Period.  To enter, entrants will play the Chipotle Burrito Builder game (the “Game”), available on the Roblox website (the “Website”).  Entrants’ performance in the Game will be tracked on a leaderboard over each Competition Entry Period.  At the end of the Entry Period for each Competition, up to the five (5) highest scoring entrants will be awarded prizes as set forth in these Official Rules.  Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes.  By participating in the Contest, 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 1400, Newport Beach, California, 92660 (“Sponsor”), which shall be final and binding in all respects.

 

2.     ELIGIBILITY:  Only legal U.S. residents of the fifty (50) United States and District of Columbia who at the time of entry are at least thirteen (13) years of age are eligible to enter.  Minors must obtain consent from their parent or legal guardian to enter the Contest, and if a minor wins, their parent or legal guardian may, if determined by Sponsor in its sole discretion, be required 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, Melon, Inc., advertising and promotion and other agencies involved in the Contest (all such individuals and entities collectively referred to herein as the “Contest Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Contest or win a prize.  This Contest is void where prohibited.  A free Roblox account is required to enter the Contest.  If you do not have a free Roblox account, you can create one for free on the Roblox website.  Your use of the Roblox platform is subject to any applicable platform terms and policies.  This contest is not sponsored, endorsed by, or otherwise affiliated with Roblox.

 

3.     HOW TO ENTER:  To enter any of the Competitions during the Contest, during an Entry Period, access the Website and play the Game.  To play the Game, follow the on-screen instructions to roll as many burritos as possible.  The number of burritos that each entrant rolls will be counted until the entrant is eliminated.  Upon being eliminated from the Game, the total number of burritos rolled by an entrant in a single attempt will be tracked on a leaderboard, with up to the twenty-five (25) highest numbers of burritos rolled in a single attempt during the applicable Entry Period appearing on a public leaderboard.  Entrants will have an unlimited amount of tries to achieve a high burrito roll count during the game’s duration.  At the end of each Competition Entry Period, up to the five (5) highest scoring entrants will receive prizes as outlined in Section 5, below. 

 

In the event of a tie between two or more entrants, the tie will be broken using the following tiebreakers in order of application:

·       The entrant who rolls the most burritos overall; and

·       If the entrants are still tied, Sponsor reserves the right to award additional prizes to the tied entrants.

 

Limit: one (1) prize per entrant.  For example, if any entrant achieves one of the top five (5) high scores on multiple days during the Contest Period, that entrant would only be eligible to win a prize one (1) time.  Any personal information collected by Sponsor in connection with the Contest will be used in accordance with Sponsor’s privacy policy located on the Chipotle website.  Entry must be made by the entrant, only as described in these Official Rules.  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 entering service sites, will be declared invalid and disqualified for this Contest.  Tampering with the entry process or the operation of the Contest 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 Contest 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 Contest or by any technical or human error which may occur in posting videos or processing the entries in the Contest.  The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. 

 

4.     WINNER NOTIFICATION:  The potential winners will be subject to verification and compliance with these Official Rules.  The potential winners will be notified by direct message on Roblox using the contact information associated with the account used to enter the Contest. You must ensure that your Roblox account privacy settings are set to “Everyone” in “Who Can Message Me Field” to be able to receive messages about the Contest. 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 the time period specified in 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 his or her prize and an alternate winner may be selected in accordance with the next highest scoring entrant on the leaderboard.  If any potential winner is found to be ineligible, has previously won a prize during the Contest Period, or if he or she 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 winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, the corresponding prize may go unawarded.

 

5.     PRIZES: There are five (5) prizes available in each Competition.  Each prize consists of one (1) “Burritos for a Year Prize” as defined below.  Each “Burritos for A Year Prize” consists of Chipotle Rewards credits good for one (1) free burrito entrée per week for a year, or a total of up to fifty-two (52) burrito entrées (the “Burritos for a Year Prize”) for the verified winner.  The Chipotle Rewards credits will expire one (1) year from the date that the Chipotle Rewards credits are delivered to a Chipotle Rewards account.  A Chipotle Rewards account is required to claim the prize.  If a winner does not have a Chipotle Rewards account, the winner can create a free account at the time the prize is claimed.  You will be required to provide proof of an email address associated with an active Chipotle Rewards account.  The approximate retail value (“ARV”) of each Burritos for a Year Prize is Five Hundred and Twenty Dollars ($520).  

 

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 each Competition is Two Thousand Six Hundred Dollars ($2,600.00).

 

6.     GENERAL PRIZE CONDITIONS.  Prizes will be awarded only if each potential prize winner fully complies with these Official Rules.  Prizes will be delivered within approximately thirty (30) days of the date of winner verification.  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 Contest 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.  The Tax Gross-Up Payment may not be sufficient to cover the winner’s tax liability related to winning the prize.  The winner should consult his or her tax advisor on the proper treatment of the Tax Gross Up Payment.  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 will 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 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 Sweepstakes.  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.

 

7.     PUBLICITY RELEASE.  Acceptance of a prize constitutes winner’s permission for the Contest Entities to use each winner’s name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Contest, Contest Entities, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners.

 

8.     CONDITIONS OF PARTICIPATION/RELEASES – IMPORTANT PLEASE READ. Each entrant (and any minor entrant’s parent or legal guardian) agrees that the Contest 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 Contest or any Contest-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 Website or otherwise participating in the Contest, 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 Contest 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 Contest, 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 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 entry may be deemed ineligible.  Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest 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 Contest as contemplated herein.  In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest 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 Contest.  If the Contest is terminated before the designated end date, Sponsor may (if possible) select the winner from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.  Only the type and quantity of prizes 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.     DISPUTES.  This Contest is governed by the laws of the United States and the State of Colorado, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of Colorado. As a condition of participating in this Contest, entrants agree that any and all disputes which cannot be resolved between the parties and causes of action arising out of or in connection with this Contest, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.

 

10.  ARBITRATION PROVISION.  By participating in this Contest, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Contest Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Newport Beach, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website.

11.  WINNERS LIST:  To obtain a copy of any legally required winners list, send a self-addressed stamped envelope to: The Chipotle Daily Burritos for a Year Contest Winners List, CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1400, Newport Beach, California.

 

CHIPOTLE BURRITO BUILDER LAUNCH PROMOTION

PROMOTION OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.  A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.

 

1.     DESCRIPTION: The “Chipotle Burrito Builder Launch” Promotion (the “Promotion”) begins on or about April 7, 2022 at approximately 12:01 am Pacific Time (“PT”) and ends on April 7, 2022 at approximately 11:59 pm PT (the “Promotion Period”).  This Promotion consists of up to five (5) independent giveaways (each a “Giveaway” and collectively, the “Giveaways”) that will take place in accordance with the schedule set forth in Section 3 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 1400, Newport Beach, California, 92660 (“Sponsor”), which shall be final and binding in all respects.

 

2.     ELIGIBILITY: Only legal U.S. residents of the fifty (50) United States and District of Columbia who are at least thirteen (13) years of age or older at the time of entry, who have a free Twitter account.  Minors must get their parent or legal guardian’s permission to enter the Promotion.  Officers, directors and employees of Sponsor, Block, Inc. and each of their respective 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 enter the Promotion or win a prize.  This Promotion is void where prohibited.  To sign up for Twitter, go to www.twitter.com. Use of Twitter will be subject to Twitter’s privacy policy and terms of service, which are available at: https://twitter.com/en/privacy and https://twitter.com/en/tos.  This Promotion is not sponsored, endorsed, administered by, or affiliated with Twitter or Roblox.  Roblox and the Roblox logo are trademarks of Roblox Corporation.  All rights reserved.

 

3.     HOW TO ENTER: During the Promotion Period, a series of Giveaways is scheduled to take place.  A Tweet will be published on the @ChipotleTweets Twitter account that announces each Giveaway (the “Giveaway Tweet”).  The entry period for each Giveaway will begin at the time that the applicable Giveaway Tweet is first published and will end at 11:59 pm PT on the date that the Giveaway Tweet is published (the “Entry Period”).  To enter a Giveaway, during the Entry Period for the applicable Giveaway, users must follow @ChipotleTweets and reply to the applicable Giveaway Tweet with the hashtag #ChipotleBurritoBuilder.  Upon completing the required steps, entrants will receive one (1) entry into the applicable Giveaway. Each entrant’s Twitter account must be public in order to enter the Promotion and each entrant’s Twitter account must be enabled to receive direct messages from Chipotle.  The Giveaways are scheduled to begin at the times set forth in the table below.  All times are approximate and subject to change.

 

Giveaway	Start Time
Giveaway 1	11:00 am PT
Giveaway 2	12:00 pm PT
Giveaway 3	1:00 pm PT
Giveaway 4	2:00 pm PT
Giveaway 5	3:00 pm PT

 

Limit one (1) entry per person per Giveaway/Giveaway Post.  All entries must be received by the end of the applicable Entry Period in order to participate.  The Sponsor’s database clock will be the official time keeper for this Promotion.  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 Sweepstakes will be used in accordance with Sponsor’s privacy policy located at https://www.chipotle.com/about-us/privacy-policy.

 

Entry must be made by the entrant, only via the entry method described above.  Entries made by any other individual or any entity, 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 utilized in the Promotion or by any technical or human error which may occur in the 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.

 

4.     WINNER SELECTION AND NOTIFICATION:  At the end of the Entry Period for each Giveaway, up to twenty (20) winners will be randomly selected in a drawing from all eligible entries received throughout the applicable Entry Period.  The 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 direct message on the social network used to enter the drawing.  Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Time is of the essence in awarding each prize. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.  If any potential winner is found to be ineligible, or if he or she 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) winner(s) of a 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.     PRIZES/ODDS: In each Giveaway, there are twenty (20) prizes available.  Each prize consists of a voucher for Ten Thousand (10,000) Robux.  The approximate retail value (“ARV”) of each prize is One Hundred Dollars ($100.00).  The total ARV of all prizes awarded in each Giveaway is Two Thousand Dollars ($2,000). 

 

Giveaway	Number of Winners
Giveaway 1	20
Giveaway 2	20
Giveaway 3	20
Giveaway 4	20
Giveaway 5	20

 

Limit one (1) entry per eligible entrant per Giveaway.  Entrants are eligible to win a maximum of one (1) Prize in the Promotion.  

 

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. 

 

The odds of winning in each Giveaway depend on the number of eligible entries received in each instance. 

 

6.     GENERAL PRIZE CONDITIONS:  The prize will be awarded only if the potential prize winner fully complies with these Official Rules.  Prizes will be delivered within approximately thirty (30) days of winner verification.  All portions of the prize 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.  All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion.  No substitution of the prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute a prize of comparable value if any prize listed is unavailable, in whole or in part, for any reason.  Each 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 will 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 receipt, 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, THE 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.

 

7.     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 each of 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 Chipotle 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.

 

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, mobile phone or computer system which is occasioned by participating in the Promotion 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 submissions 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 Promotion, 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 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 entry will 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 and/or Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor reserves the right to modify, suspend, or terminate the Promotion.  If the Promotion is terminated before the designated end date, Sponsor may (if possible) select the winner 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 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 rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these 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.     REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION:  Each entrant (and any minor entrant’s parent or legal guardian) represents and warrants as follows: (i) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Submission meets the Submission Requirements and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.  Each entrant (and any minor entrant’s parent or legal guardian) agrees to indemnify the Promotion Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Promotion.

 

10.  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.

 

11.  ARBITRATION PROVISION:  By participating in this Promotion, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association and conducted before a sole arbitrator in accordance with the rules of 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; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Newport Beach, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Promotion; (v) the arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. 

 

12.  SPONSOR: CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1400, Newport Beach, California, 92660.

 

13.  SOCIAL NETWORK DISCLAIMER:  This Promotion is not sponsored or administered by Twitter.  Any questions, comments or complaints regarding the Promotion will be directed to the Sponsor and not to the Twitter.  By entering the Promotion each entrant (and any minor entrant’s parent or legal guardian) hereby releases and agrees to hold harmless each of Twitter completely from any liability in respect of the Promotion.

14.  WINNERS LIST:  To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: The Chipotle Burrito Builder Launch Promotion Winners List, CMG Strategy Co., LLC, 610 Newport Center Drive, Suite 1400, Newport Beach, California, 92660.  All such requests must be received within six (6) weeks after the end of the Promotion Period.

 

 

CHIPOTLE BURRITO BUILDER BURRITO BUCKS TERMS

CMG Strategy Co, LLC (“Chipotle”) has developed and published the Chipotle Burrito Builder experience (the “Game”) on Roblox.  From time to time in the Game, Chipotle may make available certain in-Game digital content called “Burrito Bucks” that can be earned and redeemed by Roblox users who play the Game (“Players”).  These terms and conditions (“Terms”) govern a Player’s use of Burrito Bucks.  By playing the Game and using Burrito Bucks, you acknowledge that you have read, understood, and agree to be bound by these Terms.

BURRITO BUCKS: Burrito Bucks are not a money instrument.  Burrito Bucks have no monetary value (i.e., are not a cash account or equivalent), and do not constitute currency or property of any type.  Burrito Bucks cannot be purchased. Players are not permitted to sell, trade, barter or transfer Burrito Bucks (or offering to do those things) to other players in exchange for money or real currencies. Players have no tangible or intangible property, proprietary, intellectual property, ownership, or monetary interest in Burrito Bucks and Burrito Bucks will expire if not used by a date specified by Chipotle. Any Burrito Bucks that are used in activities that are prohibited by these Terms may be confiscated or cancelled.

EARNING BURRITO BUCKS: Players can earn Burrito Bucks by engaging in certain activities in the Game, as determined by Chipotle. The number of Burrito Bucks you can earn for the above activities may vary by channel or time. Chipotle reserves the right, in its sole discretion, to determine and modify, at any time, the number of Burrito Bucks that may be earned for any given activity.

 

REDEEMING BURRITO BUCKS: Chipotle may offer premiums or other benefits in exchange for Burrito Bucks within the Game, but Burrito Bucks cannot otherwise be exchanged for items that have value outside of the Game.  Chipotle reserves the right to limit the number of redemption opportunities that are available.  Players may not rely on a particular redemption opportunity or type of redemption opportunity continuing to be available, or continuing to be available for the previously offered number of Burrito Bucks.  In other words, the number of Burrito Bucks required for any redemption opportunity may be substantially increased, any redemption opportunity may be withdrawn, and restrictions may be imposed on any redemption opportunity. Chipotle may also impose a limit on the number of redemption opportunities in the aggregate or by type that may redeemed per Player, per day or per any other criteria that may be selected by Chipotle from time to time in its sole discretion.

Once a Player has redeemed Burrito Bucks, the Burrito Bucks are gone and there are no refunds, returns or exchanges for additional Burrito Bucks, cash, or other goods and services, even if the redemption opportunity that your Burrito Bucks were redeemed toward is cancelled. Players have no tangible or intangible property, proprietary, intellectual property, ownership, or monetary interest in Burrito Bucks or in digital content received through Burrito Bucks redemption opportunities.

MODIFICATION AND TERMINATION: Chipotle may modify these Terms in whole or in part, including, but not limited to, how Burrito Bucks can be earned, how Burrito Bucks can be used, the type or "classes" of Burrito Bucks available, and the conditions under which Burrito Bucks may expire or be forfeited at any time, with or without notice, even though these changes may affect a Player’s ability to use the Burrito Bucks that the Player has already earned. Burrito Bucks and the Game have no predetermined termination date and may continue until such time as Chipotle decides to terminate Burrito Bucks and/or the Game. Chipotle may, in its sole discretion, modify or terminate the Burrito Bucks and/or the Game, in whole or in part, at any time and for any reason or no reason at all. If Chipotle decides to terminate Burrito Bucks and/or the Game, notice of that decision may be posted within the Game or on the Game description page on Roblox. Chipotle makes no representation or warranty about the number or type of redemption opportunities that may be available while the Burrito Bucks are available or after it announces that Burrito Bucks and/or the Game is being terminated, and redemption opportunities that may have been available prior to termination may quickly become depleted or otherwise unavailable once termination has been announced. Any Burrito Bucks remaining in a Player’s account at the time of termination will be forfeited and no compensation will be provided.

VIOLATIONS: Chipotle may terminate your license to use the Game, block or prevent your future access to and use of the Game, cancel accumulated Burrito Bucks, alter the number of Burrito Bucks in a Player’s account or suspend the Player’s membership privileges at any time with immediate effect if Chipotle determines in its sole discretion that the Player (a) has acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached these Terms; or (d) engaged in any fraud or abuse concerning Burrito Bucks, Burrito Bucks usage or Burrito Bucks redemption. Chipotle may also take appropriate administrative or legal action if any of the things listed above occurs. Nothing contained in these Terms shall limit Chipotle in its exercise of any legal or equitable rights or remedies.  Chipotle’s failure to enforce these Terms in every instance in which it might apply does not amount to a waiver of Chipotle’s rights to enforce these Terms under other similar or identical circumstances.

 

ARBITRATION PROVISION: By playing the Game and using Burrito Bucks, each Player (and any minor Player’s parent or legal guardian) agrees: (i) that any and all disputes the participant may have with, or claims participant may have against, Chipotle relating to, arising out of or connected in any way with (a) the Game or Burrito Bucks, (b) any redemption opportunity for Burrito Bucks, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration conducted in accordance with the rules of AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Orange County, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Promotion; (v) the arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Player’s and/or Chipotle’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Player or Chipotle; (viii) if the Player is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Chipotle will pay as much of Player’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither participant nor Sponsor 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.