TERMS AND CONDITIONS OF PARTICIPATION – CHIPOTLE REWARDS PROGRAM
Last Updated: October 17, 2018
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, RECEIVING OR USING A CHIPOTLE REWARDS LOYALTY ACCOUNT OR OTHERWISE PARTICIPATING IN A CHIPOTLE REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF PARTICIPATION, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER INCLUDED BELOW, AND ANY ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN ANY CHIPOTLE REWARDS PROGRAM.
GENERAL APPLICATION OF TERMS; PRIVACY
Chipotle Rewards is open to legal residents of the 50 United States of America and the city of Washington, D.C., provided, however, that Chipotle may, in its sole discretion and for purposes of conducting “beta testing” or otherwise offering a test phase, limit enrollments using geolocation technologies in order to restrict enrollment to specific markets. Chipotle Rewards is intended for personal use only. Commercial use is prohibited. Chipotle Rewards is not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only participate in Chipotle Rewards under the supervision of a parent or legal guardian who agrees to be bound by these Chipotle Rewards Terms.
HOW CHIPOTLE REWARDS WORKS
Participants in Chipotle Rewards may accumulate loyalty “points” that entitle the participant to Chipotle Rewards benefits, or “Rewards," at participating Chipotle restaurants in the United States and Canada. Redemption of Rewards is subject to availability, and Rewards may not be redeemed in combination with other promotions, special offers, discounts or coupons. Loyalty points are awarded with each qualifying purchase at participating U.S. Chipotle Mexican Grill restaurants. Purchases begin accumulating points upon the first presentation of a digital Chipotle Rewards account at the time of a qualifying purchase on or after September 13, 2018.
HOW TO ENROLL
To enroll in Chipotle Rewards and begin accumulating points: (i) participants who have not created an account through the Chipotle mobile ordering app, must first create an account and agree to participate in Chipotle Rewards, which may at the participant’s option include opting-in to receive marketing communications from Chipotle via e-mail or SMS or other text message communication (participants are not required to opt-in to receive marketing communications in order to participate in Chipotle Rewards); and (ii) participants who already have an account can join Chipotle rewards by following the “Join Now” in the Chipotle mobile ordering app.
Registration may require you to provide your first name, last name, username, password, email address (required in order to receive all eligible Rewards), and marketing preferences, and you may also elect to provide other information, including your mobile telephone number and birthday.
If you change your account address to one that is not located within the 50 United States or Washington D.C., your Chipotle Rewards account will be deactivated. Once deactivated, you will no longer be able to accumulate points or receive or redeem Rewards under your Chipotle Rewards account. Previously credited Rewards may also expire as described below.
You may only have one Chipotle Rewards account registered to you, and additional accounts in your name or otherwise controlled by you may be deactivated at Chipotle’s sole discretion.
To receive credit for a qualifying purchase, you must present your digital Chipotle Rewards account (i) at the point-of-sale at a participating U.S. Chipotle restaurant at the time of payment for a qualifying purchase transaction, or (ii) provided you are logged in to your account, at the time you place an order for a qualifying purchase (including a qualifying catering order) at order.chipotle.com or via the Chipotle mobile ordering app.
In order to accumulate points, qualifying purchases must be paid in cash, with a valid debit or credit card, or with a valid Chipotle gift card; purchases using other currency or promotional offers (such as Burrito Bucks or redemption of a Reward) do not accumulate points. Qualifying orders must total at least $1.00 (excluding sales tax and subject to the other exclusions set forth in the next paragraph) in order to accumulate points. Each Chipotle Rewards participant account is limited to three qualifying purchases per day. Purchases of multiple menu items in a single transaction, may count as no more than one qualifying purchase.
Some exclusions apply. For example, purchases of alcoholic beverages or Chipotle gift cards (including activations or reloads) do not accumulate points. Taxes, tips, donations, and fees, including without limitation, delivery fees, bag fees and recycling deposits, will also be excluded from a purchase total when computing qualifying purchases. Purchases at Chipotle restaurants in the United Kingdom, France, Germany, and Canada, or at Pizzeria Locale or other restaurant concepts in which Chipotle has an interest, will not qualify toward accumulation of points, regardless of whether a Chipotle Rewards account is presented at the time of purchase.
If you void a qualifying purchase credited toward accumulation of points, Chipotle will deduct the points associated with that purchase from your account.
Generally, once a Chipotle Rewards participant accumulates points sufficient to qualify the participant for a Reward, the Reward will be automatically added to the participant’s account within 48 hours. When a Reward is added to a participant’s account, the associated points will be deducted from the account.
Rewards earned as a result of the accumulation of points (a “Base Reward”) will be valid at participating Chipotle restaurants for one free, standard, regular-priced entrée item, subject to availability. Rewards earned in connection with challenges or other special promotions as part of Chipotle Rewards will be valid for additional offers as described in connection with such Rewards.
Except as otherwise provided in these Chipotle Rewards Terms or in the terms communicated in connection with any Reward, Rewards expire if not used within 60 days after they have been added to a participant’s account. Redemption of Rewards is subject to availability of the selected Rewards at the time of redemption. A digital Reward coupon associated with a valid Chipotle Rewards account will be required to redeem any Reward.
Rewards may not be redeemed at Chipotle restaurants in the United Kingdom, France and Germany, or at Pizzeria Locale or other restaurant concepts in which Chipotle has an interest.
TRACKING YOUR ACCOUNT
Chipotle Rewards participants can view and track qualifying purchases and available Rewards by logging into participant’s account at order.chipotle.com/account/login or via the Chipotle mobile ordering app.. Chipotle reserves the right to change the number of points required to earn Rewards and/or the benefits associated with one or more Rewards in its sole discretion at any time. Rewards points expire after six months of account inactivity, unless sooner terminated as a result of an account being deactivated as provided herein.
In addition to Base Rewards, Chipotle may from time to time in its sole discretion make available to participants in Chipotle Rewards the ability to earn additional Rewards through special challenges or other promotions, or to earn bonus points or other prizes or program benefits. The terms and conditions applicable to any such Rewards, challenges, promotions, prizes or benefits will be determined by Chipotle in its sole discretion and communicated to participants in conjunction with any such offers. Because any terms and conditions associated with any special offers under Chipotle Rewards may be different from or in addition to provisions of these Terms and Conditions, you should read any such special offer terms and conditions carefully before participating in any special offer.
LIMITATIONS, RESTRICTIONS AND OTHER TERMS
Your digital Chipotle Rewards card, the associated Chipotle Rewards account and any accumulated Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one Chipotle Rewards account.
Chipotle’s determinations of participant eligibility or any questions or disputes arising under the Chipotle Rewards Program, these Chipotle Rewards Terms or any other Chipotle Rewards program rules or restrictions shall be final and binding and not subject to challenge or appeal. Nothing in these Chipotle Rewards Terms will limit Chipotle from exercising any legal or equitable rights or remedies that it may have.
Without notice to you, Chipotle reserves the right to suspend any Chipotle Rewards card and/or terminate your account and/or your participation in Chipotle Rewards if Chipotle determines in its sole discretion that you have violated these Chipotle Rewards Terms, you have more than one Chipotle Rewards account, or that the use of your Chipotle Rewards account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Chipotle Rewards Terms. Chipotle may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Chipotle Rewards is terminated, then all accumulated points and Rewards in your account are void.
There are no membership fees associated with Chipotle Rewards, although use of online services in conjunction with participation in Chipotle Rewards programs may result in data charges, internet access fees or similar expenses. Neither points nor Rewards accumulated under the program have any cash value, nor may they be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Rewards obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Rewards may be confiscated or cancelled.
Chipotle is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail as a result of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing qualifying purchases or any unavailability of Rewards, or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in Chipotle Rewards. If, for any reason, the Chipotle Rewards program is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Chipotle which corrupt or affect the administration, security, fairness, integrity or proper conduct of any Chipotle Rewards program, Chipotle reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Chipotle Rewards program or otherwise respond to the circumstances as Chipotle deems appropriate.
CHANGES TO CHIPOTLE REWARDS
Chipotle reserves the right to change, update and/or discontinue, in whole or in part, Chipotle Rewards or any portion of the program, all or any portion of these Chipotle Rewards Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to Chipotle Rewards, at any time in its sole discretion and without advance notice to you or any other participants. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions to our terms, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify the Chipotle Rewards Terms, we will revise the “last updated” date located at the top of these Chipotle Rewards Terms. Your participation in Chipotle Rewards confirms your acceptance of these Chipotle Rewards Terms and any such changes or modifications; therefore, you should review these Chipotle Rewards Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to Chipotle Rewards. If you do not agree to the Chipotle Rewards Terms, you must stop participating in Chipotle Rewards.
DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You agree that any claim, controversy or dispute (whether in contract, tort, or otherwise) you may have at law or in equity against Chipotle, any related entity, or any of their respective officers, directors, employees or agents (all such individuals and entities collectively referred to herein as the “Chipotle Rewards Entities”) arising out of or relating in any way to Chipotle Rewards, your participation in any Chipotle Rewards program, these Chipotle Rewards Terms or the scope or applicability of this agreement to arbitrate (each, a “Chipotle Rewards Dispute”) will be resolved in accordance with the provisions set forth in the following paragraph. Please read this paragraph carefully. It affects your rights and will have a substantial impact on how Chipotle Rewards Disputes are resolved. You agree that whenever you have a Chipotle Rewards Dispute, you will send a written notice to Chipotle (“Demand”). You agree that the requirements of this paragraph will apply even to disputes that may have arisen before you accepted these Chipotle Rewards Terms. You must send the Demand to the following address (the “Notice Address”): Chipotle Rewards Legal Disputes, 610 Newport Center Drive, Suite 1300, Newport Beach, California, 92660. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within such 10 business days, the Chipotle Rewards Dispute (1) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “Arbitrator”) and conducted before a sole arbitrator in accordance with the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Denver, Colorado; (4) the arbitrator’s decision shall be controlled by these Chipotle Rewards Terms and any of the other agreements referenced herein that the applicable user may have entered into; (5) the arbitrator shall apply Colorado law, without regard to its choice of law or conflict of law rules or principles that would result in applying the law of any other jurisdiction, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Chipotle Rewards Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Chipotle Rewards Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Chipotle Rewards Entity exceed $125 USD, and you are unable (or not required under the rules of AAA) to pay any fees and deposits that exceed this amount, Chipotle agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Chipotle will pay as much of your filing and hearing fees (but not attorney or other representation fees) in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the affected Chipotle Entity shall be entitled to arbitrate their dispute. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company.
LIMITATIONS ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE CHIPOTLE ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CHIPOTLE REWARDS PROGRAM, EVEN IF ANY OR ALL OF THE CHIPOTLE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A REGISTERED PARTICIPANT PROVES THAT CHIPOTLE HAS IMPROPERLY DENIED SUCH REGISTERED PARTICIPANT ANY REWARD, LIABILITY WILL BE LIMITED TO THE EQUIVALENT REWARD. BY PARTICIPATING IN THE CHIPOTLE REWARDS PROGRAM, A REGISTERED PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.