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TERMS & CONDITIONS - CHIPOTLE REWARDS PROGRAM


 


CHIPOTLE REWARDS — TERMS AND CONDITIONS

 

(LAST UPDATED JANUARY 9, 2023)



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


GENERAL APPLICATION OF TERMS; PRIVACY

These Terms and Conditions (the “Chipotle Rewards Terms”) apply to any access to
and/or participation in the Chipotle rewards programs (“Chipotle Rewards") which
are operated by CMG Strategy Co., LLC, on behalf of the Chipotle Mexican Grill
group of affiliated companies (collectively, “Chipotle"). Please read Chipotle’s
online Terms of Use located at https://www.chipotle.com/about-us/terms-of-use,
which are incorporated herein by this reference, before participating in
Chipotle Rewards. Chipotle Rewards are deemed included in the definition of
“Services” as that term is used in the Terms of Use.  In the event there is a
direct conflict or inconsistency between these Terms and Conditions and
Chipotle’s online Terms of Use, these Terms and Conditions will prevail, govern
and control with respect to any aspect of Chipotle Rewards. These Chipotle
Rewards Terms do not otherwise alter the terms or conditions of any other
agreement you may have with Chipotle for other products and services, or the
terms or conditions of any other promotional offers or programs conducted by
Chipotle outside the context of Chipotle Rewards. Information collected in
connection with Chipotle Rewards is governed by the Chipotle Privacy Policy. 
Please read the Chipotle Privacy Policy at privacy-policy carefully to
understand how Chipotle collects, uses and discloses information about customers
and how to update or change your personal information and/or the ways Chipotle
communicates with you.

ELIGIBILITY

Chipotle Rewards is open to legal residents of the 50 United States of America
and Washington, D.C. who are 13 years of age or older.  Chipotle Rewards and
earned loyalty points are intended for personal use only. Commercial use is
prohibited. Chipotle Rewards are not targeted toward, nor intended for use by,
anyone under the age of 13. If you are between the ages of 13 and 18, you may
participate in Chipotle Rewards only with the permission and under the
supervision of a parent or legal guardian who agrees to be bound by these
Chipotle Rewards Terms.

HOW CHIPOTLE REWARDS WORKS

Participants in Chipotle Rewards may accumulate loyalty “points” that entitle
the participant to Chipotle Rewards benefits, or “Rewards," at participating
Chipotle restaurants in the 50 United States and Washington D.C. Redemption of
Rewards is subject to availability, and Rewards may not be redeemed in
combination with other promotions, special offers, discounts or coupons unless
specifically allowed by the terms of a specific promotion. Loyalty points are
awarded with each qualifying purchase in relation to the amount spent at
participating U.S. Chipotle Mexican Grill restaurants. Purchases begin
accumulating points upon the first presentation of a digital Chipotle Rewards
account at the time of a qualifying purchase.

HOW TO ENROLL

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

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

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

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

ACCUMULATING POINTS

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

In order to accumulate points, qualifying purchases must be paid in cash, with a
valid debit or credit card, or with a valid Chipotle gift card; purchases using
other currency or promotional offers (such as Burrito Bucks or redemption of a
Reward) will accrue points only for the amounts, if any, paid in cash.
Qualifying orders must total at least $1.00 (excluding sales tax and subject to
the other exclusions set forth in the next paragraph) in order to accumulate
points. Each Chipotle Rewards participant account is limited to three qualifying
purchases per day. Purchases of multiple menu items in a single transaction, may
count as no more than one qualifying purchase.

Some exclusions apply. For example, purchases of alcoholic beverages or Chipotle
gift cards (including activations or reloads) do not accumulate points. Taxes,
tips, donations, and fees, including without limitation, delivery fees, bag
fees, service fees, convenience fees, and recycling deposits, will also be
excluded from a purchase total when computing qualifying purchases. Purchases at
Chipotle restaurants in the United Kingdom, France, Germany, and Canada, or at
Pizzeria Locale or other restaurant concepts in which Chipotle has an interest,
will not qualify toward accumulation of points, regardless of whether a Chipotle
Rewards account is presented at the time of purchase.

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

REWARDS

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

Rewards that consist of Chipotle menu items are valid at participating Chipotle
restaurants in the United States, subject to availability. Chipotle may offer
participants various other opportunities to use or redeem their points (e.g.,
for Chipotle Goods merchandise, or to allow a participant to indicate that he or
she would like to surrender points to Chipotle in exchange for Chipotle making a
donation to a specified charity).  Points surrendered to Chipotle in exchange
for Chipotle making a donation to a specified charity are not tax deductible. 
Additional terms and conditions, if any, that are particular to the opportunity
will be provided in conjunction with the offer, but such opportunities will
otherwise constitute a Reward that is governed by these Chipotle Rewards Terms. 
Once your points have been redeemed, they are gone and there are no refunds,
returns or exchanges for additional points, cash, or other goods and services,
even if you return the Reward or other item(s) that your points were redeemed
toward.

Except as otherwise provided in these Chipotle Rewards Terms or in the terms
communicated in conjunction with a particular Reward, Rewards expire if not used
within 60 days after they have been added to a participant’s account. Redemption
of Rewards is subject to availability of the selected Rewards at the time of
redemption. A digital Reward coupon associated with a valid Chipotle Rewards
account will be required to redeem any Reward.

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

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

TRACKING YOUR ACCOUNT

Chipotle Rewards participants can view and track qualifying purchases and
available Rewards by logging into participant’s account at
order.chipotle.com/account/login or via the Chipotle mobile ordering app.
Chipotle reserves the right to change the number of points required to earn
Rewards and/or the benefits associated with one or more Rewards in its sole
discretion at any time. Rewards points expire after six months of account
inactivity (i.e., no qualifying purchases), unless sooner terminated as a result
of an account being deactivated as provided herein.

SPECIAL OFFERS

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

GUAC MODE BONUS

After December 9, 2022 (the “Closing Date”), members will no longer have the
opportunity to enroll to participate in “Guac Mode Bonus Reward(s)” (as defined
below).  The remainder of this Section will continue to apply to members
enrolled in Guac Mode Bonus Reward offers as of the Closing Date.

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

FREEPOTLE BONUS REWARDS

Chipotle may from time to time offer a “Freepotle” promotion in which Chipotle
Rewards members enrolled on or prior to a specified date may receive periodic
bonus offers consisting of a free a topping or side of guac, topping or side of
queso blanco, double protein, chips, beverage, or other menu item (each, a
“Freepotle Bonus Reward”).  If offered, Freepotle Bonus Rewards will be
deposited into Chipotle Rewards accounts selected by Chipotle or its program
administrators in their sole discretion.  Each Freepotle Bonus Reward will be
subject to an expiration time and date that may be soon after the Freepotle
Bonus Reward is deposited in an account.  Freepotle Bonus Rewards are not valid
on catering, Burritos by the Box, or orders placed via third party delivery
platforms, and redemption is limited to participating Chipotle restaurants in
the United States and Canada only and is subject to availability.  Freepotle
Bonus Rewards may not be combined with other coupons, promotions, or special
offers unless specifically allowed by the terms of a specific Freepotle Bonus
Reward.  Additional terms, conditions, limitations or restrictions may apply,
and may be disclosed in association with any Freepotle Bonus Reward or added to
these Chipotle Rewards Terms from time to time.  Chipotle makes no commitment to
offer any minimum number of Freepotle Bonus Rewards.  Chipotle may discontinue
or alter the terms of the Freepotle Bonus Rewards program at any time.

LIMITATIONS, RESTRICTIONS AND OTHER TERMS

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

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

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

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

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

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

CHANGES TO CHIPOTLE REWARDS

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

DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

You agree that any claim, controversy or dispute (whether in contract, tort, or
otherwise) you may have at law or in equity against Chipotle, its parent
subsidiary or affiliated entities, or any of their respective officers,
directors, employees or agents (all such individuals and entities collectively
referred to herein as the “Chipotle Rewards Entities”) arising in whole or in
part out of or relating in any way to Chipotle Rewards, points or any Reward,
transactions that result in the earning or redemption of Chipotle Rewards
points, 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 this section. Please read this section 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 1100, 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 Los Angeles, California; (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 Delaware 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) if you are able to demonstrate that the
costs of arbitration will be prohibitive as compared to the costs of litigation,
Chipotle 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
Chipotle Rewards 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.

LIMITATIONS ON LIABILITY/INCONTESTABILITY

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 CHIPOTLE REWARDS PARTICIPANT PROVES THAT
CHIPOTLE HAS IMPROPERLY DENIED SUCH PARTICIPANT ANY REWARD, THEN THE
PARTICIPANT’S SOLE AND EXCLUSIVE REMEDY UNDER SUCH CIRCUMSTANCES WILL BE TO
RECEIVE THE EQUIVALENT REWARD. PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK
INJUNCTIVE OR EQUITABLE RELIEF.

BY PARTICIPATING IN THE CHIPOTLE REWARDS PROGRAM, EACH CHIPOTLE REWARDS
PARTICIPANT AGREES THAT ANY LEGAL, EQUITABLE OR OTHER CLAIM OR CAUSE OF ACTION
ARISING IN WHOLE OR IN PART OUT OF OR OTHERWISE RELATED TO THE CHIPOTLE REWARDS
PROGRAM MUST BE SERVED AND FILED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE
OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS
BASED.  EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT THIS ONE (1) YEAR
CONTRACTUAL LIMITATIONS PERIOD IS NOT SUBJECT TO TOLLING AND MAY BE SHORTER THAN
THE DEFAULT STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY.  AFTER SUCH ONE
(1) YEAR PERIOD, THE AFFECTED CLAIM OR CAUSE OF ACTION WILL BE DEEMED WAIVED,
AND THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR
ACTION IS BASED SHALL BE DEEMED INCONTESTABLE.



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