Panda Express – Good Fortune Scratcher Sweepstakes

PANDA EXPRESS LUNAR NEW YEAR GOOD FORTUNE SCRATCHER INSTANT WIN GAME OFFICIAL RULESNO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PLAY OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. Eligibility:The Panda Express Lunar New Year Good Fortune Scratcher is a game of chance (“Instant Win Game” or “Promotion”) and is open only to legal residents of 50 U.S. and DC (“eligibility area”) who possess a web-enabled desktop or mobile device and are 13 years of age or older as of date of Game Play, as defined below (“Player”). Minors must have permission from their parent or legal guardian to participate. Void outside the eligibility area and where prohibited by law. Employees of Panda Restaurant Group, Inc. (“Panda”, “Panda Express” or “Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), and their respective subsidiaries, parent, divisions, promotional partners, agencies, affiliates, advertising and promotion agencies (collectively, the “Released Promotion Parties”) as well as the immediate family (spouse, parents, siblings and children, and their respective spouses, regardless of where they reside) and household members of each such employee, whether related or not, are not eligible to participate or win. This Promotion is subject to all applicable federal, state, and local laws and regulations. Participation constitutes Player’s (and, if eligible minors, their parents or legal guardians) full and unconditional agreement to these Official Rules.2. Promotion Period: The Promotion begins at 12:00:00 am Pacific Time (“PT”) on January 9, 2023 and ends at 11:59:59 pm PT on February 21, 2023 (“Promotion Period”). The Promotion Period will consist of six (6) weekly play periods (each, a “Play Period”) as described in the chart below. Each day within a Play Period will start at 12:00:00 am PT and end at 11:59:59 pm PT (each, a “Day”).   Play Period, Start Date, End Sate:Play Period 1: Begins 12:00:00 am PT on January 9, 2023 and ends at 11:59:59 pm PT on January 15, 2023Play Period 2: Begins 12:00:00 am PT on January 16, 2023 and ends at 11:59:59 pm PT on January 22, 2023Play Period 3: Begins at 12:00:00 am PT on January 23, 2023 and ends at 11:59:59 pm PT on January 29, 2023Play Period 4: Begins at 12:00:00 am PT on January 30, 2023 and ends at 11:59:59 pm PT on February 5, 2023Play Period 5: Begins at 12:00:00 am PT on February 6, 2023 and ends at 11:59:59 pm PT on February 12, 2023 Play Period 6: Begins at 12:00:00 am PT on February 13, 2023 and ends at 11:59:59 pm PT on February 21, 20233. How to Play: During the Promotion Period, visit https://PandaLNY.com (“Website”) using your web-enabled desktop or mobile device and follow the on-screen instructions to scratch the dragon’s scales (“Game Play”) to see if you’ve won a prize. If you are the Player and play the Instant Win Game exactly at or immediately after one (1) of the predetermined randomly generated winning times, you will be a potential winner or coupon recipient, as identified by your Game Play notification and subject to verification. You will be notified immediately following your Game Play whether or not you have won a prize or received a coupon. To claim your prize or coupon, follow the directions to submit the required information. If you leave the screen prior to completing the claim process, you will forfeit the prize or coupon (as applicable). All on-screen wins are subject to verification. All Game Plays become the property of Sponsor. Receipt of Game Plays may be acknowledged, but such acknowledgment does not constitute any representation as to eligibility. Limit one (1) Game Play per person per Day. Any attempt by any Player to obtain more than the stated number of Game Plays by using multiple/different email addresses, identities, registrations or logins, or any other methods will void that Player’s Game Plays and that Player may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar registration/Game Play methods or agents (including, but not limited to, Promotion Game Play services) will void all Game Plays by that Player. In the event of a dispute as to any winning Game Play, the authorized account holder of the email address used to claim the prize will be deemed to be the Player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders. Any Game Play that occurs after the system has failed for any reason is deemed a defective Game Play, is void and will not be honored. The computer clock of the Website is the official time-keeping device in the Promotion.4. Verification/Winner Notification/Prize Fulfillment: All potential winners (and, if eligible minors, their parents or legal guardians) are subject to confirmation, verification of eligibility by Administrator and compliance with these Official Rules in Sponsor’s sole discretion. All material submitted becomes the sole property of the Sponsor and will not be returned. If, due to an error of any kind, more instant winning messages are delivered to Players, or more prizes are claimed than are intended to be awarded per Rule #5, the intended number of prizes will be awarded in a random drawing from among all verified prize claims received during the Promotion Period. Released Promotion Parties assume no responsibility for any injury or damage to Player’s or to any other person’s computer or other device relating to or resulting from playing or downloading materials or software in connection with the Promotion. If you have won an $888 Digital Gift Card Prize, you will be notified by email within five (5) days of winning Game Play and will be required to digitally complete and securely sign and submit, a Declaration of Compliance, Liability Release and a Publicity Release (where legal) (collectively, the “Declaration”) within forty-eight (48) hours of notification. If you have won an $88 Digital Gift Card Prize, you will be notified by email within five (5) days of winning Game Play and will be required to verify eligibility and confirm email address for purposes of prize fulfillment within forty-eight (48) hours of receipt of request. Non-compliance within this time frame and/or with these Official Rules, Sponsor’s inability to contact a prize winner within a reasonable time period, or a prize or a prize notification returned as undeliverable will result in such prize winner’s disqualification and forfeiture of the prize. Prizes won by eligible minors will be awarded to the parent or legal guardian. All prizes will be fulfilled to the email address submitted on the Website at time of Game Play and delivered within 4-6 weeks after verification. If you have received a coupon, follow the links and instructions to “Order Now” to redeem the code instantly or “Email Coupon” to submit your email address to save the code to redeem later. Return of any prize or coupons as undeliverable will result in disqualification and prize or coupon will be forfeited. Unclaimed prizes or coupon codes will go unawarded.5. Prizes/Coupon Codes/Approximate Retail Values (“ARV”) and Approximate Odds of Winning:Play Period 1:$888 Panda Express Digital Gift CardARV: $888Number of Prizes: 1$88 Panda Express Digital Gift CardARV: $88Number of Prizes: 8$8 off your next Panda Family MealCoupon code redeemable between January 9, 2023 and March 21, 2023ARV: N/ANumber of Coupon Codes: 800Free item or upgrade (with any purchase) or BOGOOffer to be designated by Sponsor valued starting at $1.25 and up to $12.40Coupon code redeemable between January 9, 2023 and January 29, 2023ARV: N/ANumber of Coupon Codes: All PlayersPlay Period 2:$888 Panda Express Digital Gift CardARV: $888Number of Prizes: 1$88 Panda Express Digital Gift CardARV: $88Number of Prizes: 8Sponsor-Specified Discount Coupon OfferOffer to be designated by Sponsor valued starting at $1.25 and up to $12.40Coupon code redeemable between January 16, 2023 and February 5, 2023ARV: N/ANumber of Coupon Codes: All PlayersPlay Period 3:$888 Panda Express Digital Gift CardARV: $888Number of Prizes: 1$88 Panda Express Digital Gift CardARV: $88Number of Prizes: 8$8 off your next Panda Family MealCoupon code redeemable between January 23, 2023 and March 21, 2023ARV: N/ANumber of Coupon Codes: 800Free item or upgrade (with any purchase) or BOGOOffer to be designated by Sponsor valued starting at $1.25 and up to $12.40Coupon code redeemable between January 23, 2023 and February 12, 2023ARV: N/ANumber of Coupon Codes: All PlayersPlay Period 4:$888 Panda Express Digital Gift CardARV: $888Number of Prizes: 1$88 Panda Express Digital Gift CardARV: $88Number of Prizes: 8$8 off your next Panda Family MealCoupon code redeemable between January 30, 2023 and March 21, 2023ARV: N/ANumber of Coupon Codes: 800Free item or upgrade (with any purchase) or BOGOOffer to be designated by Sponsor valued starting at $1.25 and up to $12.40Coupon code redeemable between January 30, 2023 and February 19, 2023ARV: N/ANumber of Coupon Codes: All PlayersPlay Period 5:$888 Panda Express Digital Gift CardARV: $888Number of Prizes: 1$88 Panda Express Digital Gift CardARV: $88Number of Prizes: 8$8 off your next Panda Family MealCoupon code redeemable between February 6, 2023 and March 21, 2023ARV: N/ANumber of Coupon Codes: 800Free item or upgrade (with any purchase) or BOGOOffer to be designated by Sponsor valued starting at $1.25 and up to $12.40Coupon code redeemable between February 6, 2023 and February 26, 2023ARV: N/ANumber of Coupon Codes: All PlayersPlay Period 6:$888 Panda Express Digital Gift CardARV: $888Number of Prizes: 1$88 Panda Express Digital Gift CardARV: $88Number of Prizes: 8$8 off your next Panda Family MealCoupon code redeemable between February 13, 2023 and March 21, 2023ARV: N/ANumber of Coupon Codes: 800Free item or upgrade (with any purchase) or BOGOOffer to be designated by Sponsor valued starting at $1.25 and up to $12.40Coupon code redeemable between February 13, 2023 and March 7, 2023ARV: N/ANumber of Coupon Codes: All PlayersTotal ARV of prizes to be awarded in each Play Period: $1,592. Odds of winning/receiving a coupon code depend on the date/time of Game Play, the number of prizes/coupons remaining available at the time of Game Play and number of eligible Game Plays received. The number of prizes or coupon codes available to be won will diminish as they are awarded. If a prize or coupon code becomes unavailable, Sponsor will substitute a prize or coupon code of equal or greater retail value. No transfer, cash equivalent or other substitution of a prize or coupon code is permitted except Sponsor may substitute a prize or coupon code for one of comparable or greater retail value for any reason. No responsibility or liability is assumed for damages, losses or injury resulting from acceptance or use of any prize or coupon code. Limit one (1) prize or coupon code of its kind per person per Play Period, for a total of up to seven (7) prizes or coupon codes per Play Period. The value of each prize will be taxable to each individual winner as income. Sponsor will issue an IRS FORM 1099-MISC for the value of the prize if it is valued at $600 or more. Prize winners are responsible for reporting and paying any and all applicable taxes on prizes. In the event it is deemed during the verification process that a winner of a prize valued at $600 or more does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the prize, he/she will be disqualified and the prize will be forfeited. Validity of a prize winner’s social security number will be determined by IRS requirements.Digital Gift Card Terms and Conditions: Digital Gift Codes/Cards can only be used at participating Panda Express locations and may not be accepted at some locations. They also cannot be redeemed for cash or towards the purchase of other gift cards. If a Digital Gift Card is lost, stolen, destroyed, or used without permission, the monetary value on the card will not be replaced. Please refer to https://www.pandaexpress.com/legal#terms-and-conditions for additional Terms and Conditions.Coupon Code Terms and Conditions: Tax, delivery, and other fees still apply. Valid in-store and online via Panda Express website and app at participating locations. One-time use and limit of one redemption per order. Not valid with any other offer or discounts, except $1 delivery promo between January 18, 2023 and January 29, 2023. Void if altered, reproduced, or where prohibited. Panda Restaurant Group, Inc. reserves the right to modify or discontinue any offer at any time and additional restrictions may apply.6. General Rules:By participating in the Promotion, Player (or if a minor, parent/legal guardian) fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and Administrator, whose decisions are final and binding in all matters related to the Promotion. Any normal Internet/phone access and data/usage charges imposed by Players’ online/phone service will apply and are Players’ sole responsibility. Released Promotion Parties are not responsible for any compatibility issues with Player’s device/browser used for Game Play. Game Plays become the property of Sponsor upon receipt and will not be acknowledged or returned. Players associated with potential winning Game Plays may be required to show proof of being the authorized account holder of the email address assigned by an Internet access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Prize claims specifying an invalid, non-working, or inactive email address may be disqualified. No information regarding Game Plays, other than as otherwise set forth in these Official Rules or on the Website, will be disclosed. Released Promotion Parties are not responsible for lost, interrupted or unavailable network server or other connection; miscommunications; failed phone or computer or telephone transmissions; technical failure; jumbled, garbled, scrambled or misdirected transmissions; late, lost, incomplete, delayed, inaccurate, stolen, or misdirected Game Plays, prize claims, emails, or communications of any kind; or other error of any kind whether human, mechanical, or electronic. CAUTION: Any attempt to deliberately damage any web site/device, or undermine the legitimate operations of the Promotion, is a violation of the criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages from any such Player to the fullest extent permitted by law and to disqualify such Player from the Promotion. In the event the Promotion is compromised or impaired in any way for any reason, including but not limited to, fraud, virus, bug, unauthorized human intervention, outbreak of widespread illness, pandemic, or other similar occurrence, civil unrest or any other problem or other causes beyond the control of Sponsor that corrupts or impairs the administration, security, fairness, or proper play of the Promotion, Sponsor reserves the right in its sole discretion to suspend or terminate the Promotion and award the prizes claimed prior to cancellation. Released Promotion Parties are not responsible for lost, late, misdirected, corrupted, or incomplete Game Plays or prize claims. Proof of submission is not proof of receipt by Sponsor. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Game Play or the operation of the Promotion or Website; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person and void all associated Game Plays and/or prize claims. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participation in the Promotion, Players (or if a minor, parent/legal guardian) and winners (or, if eligible minors, their parents or legal guardians) release and hold harmless the Released Promotion Parties from and against any and all liability, claims, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting a Game Play or otherwise participating in any aspect of the Promotion, the receipt, ownership or use of any prize awarded, or while preparing for, participating in any prize-related activity or any typographical or other error in these Official Rules or the announcement or offering of any prize. 7. Dispute Resolution; Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR (or if a minor, parent’s/legal guardian’s) LEGAL RIGHTS AND GOVERNS HOW YOU (or if a minor, parent/legal guardian) AND PANDA CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU (or if a minor, parent/legal guardian) AND PANDA TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU (or if a minor, parent/legal guardian) WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR (or if a minor, parent’s/legal guardian’s) OWN BEHALF TO AN IMPARTIAL ARBITRATOR.7.1 Agreement to ArbitrateYou (or if a minor, parent/legal guardian) and Panda mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from impartial dispute resolution procedure of using binding arbitration for any “Covered Claims” (as defined below) that arise between you (or if a minor, parent/legal guardian) and Panda, and/or any current or former employee, officer, or director of Panda sued for acts or omissions taken in the capacity of Panda’s agent, representative or employee. You (or if a minor, parent/legal guardian) and Panda agree that this Arbitration and Class Action Waiver is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Official Rules terminate. Any revision to or termination of these Official Rules that modify or terminate this Arbitration and Class Action Waiver shall not apply to an arbitration pending at the time of the revision, except as may be required by applicable law.7.2 Claims Subject to ArbitrationOther than the exceptions in the “Excluded Claims” Section below, the “Covered Claims” include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, these Official Rules (including its enforcement, breach, performance, interpretation, validity, or termination), and/or participation in the Promotion, including but not limited to such controversies, disputes, disagreements, and claims that pre-date your (or if a minor, parent’s/legal guardian’s) agreement to these Official Rules or the Promotion.7.3 Excluded Claims7.3.1 The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as “Excluded Claims”: (a) any claims that cannot be required to be arbitrated as a matter of California law subject to federal preemption (including claims or charges that must be filed with a governmental administrative agency); (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction. 7.3.2 In the event you (or if a minor, parent/legal guardian) or Panda choose to pursue arbitration of both Covered Claims and Excluded Claims and the other party objects, the Covered Claims must be arbitrated. In no event will Covered Claims be joined with Excluded Claims and litigated in court unless both parties agree to waive arbitration.7.4 Class Action Waiver and Jury WaiverYou (or if a minor, parent/legal guardian) and Panda agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Official Rules may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you (or if a minor, parent/legal guardian)and we each waive any right to a jury trial (“Jury Trial Waiver”). This Jury Trial Waiver shall not apply, and shall be severed from this Agreement, if it is not permissible under applicable laws or otherwise found to be unenforceable, including presently California.7.5 Arbitrability DeterminationsIf a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Arbitration and Class Action Waiver. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver, including the Class Action Waiver.7.6 Arbitration Rules, Procedures, and CostsFor any Covered Claim that you (or if a minor, parent/legal guardian) have against Panda, or Panda has against you (or if a minor, parent/legal guardian), the claiming party may, voluntarily and at its election, contact the other party and attempt to resolve the claim informally by sending a written notice of the claim (“Notice”). If such Notice is being sent to Panda, it shall be sent by email at GuestCare@pandarg.com or by certified mail addressed to:Attn: Corporate Legal Team Panda Restaurant Group, Inc. 1683 Walnut Grove Avenue Rosemead, CA 91770If the Notice is being sent to a party other than Panda, it shall be sent to the last known (by the claiming party) email or street address of the other party. The Notice should (a) include the claiming party’s name, residence address, email address, and telephone number; (b) describe the nature and basis of the Covered Claim; and (c) set forth the specific relief sought. Each party agrees to attempt in good faith to resolve the dispute. If you (or if a minor, parent/legal guardian) and Panda cannot reach an agreement to resolve the Covered Claim, then the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to the address above. You (or if a minor, parent/legal guardian) and Panda agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by AAA. The arbitration shall be held at a location determined by AAA under its rules and procedures (provided such location is reasonably convenient to you (or if a minor, parent/legal guardian) ), or at such other location as may be mutually agreed to by you (or if a minor, parent/legal guardian) and Panda. Except to the extent that they are modified by the rules below, if you (or if a minor, parent/legal guardian) are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand will apply.7.6.1 The parties agree that the applicable AAA rules are modified as follows:7.6.2 Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under California law.7.6.3 No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.7.6.4 All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.7.6.5 The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s).7.6.6 Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.7.6.7 The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.7.6.8 The Federal Rules of Evidence shall apply to all arbitration proceedings.7.6.9 For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.7.6.10 The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.7.6.11 The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.7.6.12 The parties may settle any dispute on a mutual basis without involvement of the arbitrator.7.6.13 If you (or if a minor, parent/legal guardian) initiate arbitration, you (or if a minor, parent/legal guardian) will pay the first $250, and Panda will pay all other filing, administrative, or hearing fees. If Panda initiates arbitration, Panda will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, you (or if a minor, parent/legal guardian) will remain responsible for your (or if a minor, parent/legal guardian’s) attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that you (or if a minor, parent/legal guardian) may recover a certain amount of attorneys’ fees and costs.7.6.14 A party may make an offer of judgment in a manner consistent with, and within the time limitations, consequences, and effects provided in Rule 68 of the Federal Rules of Civil Procedure. The offer shall be served on the offeree in the same manner in which other papers are served in the arbitral proceeding. The offer shall not be served on the arbitrator, except that if the offer is accepted, either party may then file with the arbitrator the offer and notice of acceptance together with proof of service thereof. The arbitrator shall then immediately render an award as provided by the offer, and the arbitration proceedings shall then be terminated. If the offer is not accepted, the offer shall not be used as evidence in the arbitration proceedings and, following the issuance of the arbitrator’s award, the offeror may file a motion for costs with the arbitrator, who shall retain jurisdiction to decide the motion and award costs to the offeror as warranted.7.7 Mass Arbitration (inapplicable in California and in any other jurisdiction where this term is prohibited by law).A “Mass Arbitration” shall be defined as any one of the following: (i) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 30 or more Covered Claims within a thirty-day period; (ii) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 50 or more Covered Claims within a sixty-day period; (iii) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 30 or more persons who file a Covered Claim within a thirty-day period; or (iv) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 50 or more persons who file a Covered Claim within a sixty-day period. In the event of a Mass Arbitration, notwithstanding anything to the contrary in Section 7.6.13. above, Panda shall (i) not be required to advance or pay arbitration costs for any arbitration and (ii) may be awarded its reasonable attorney fees, expert fees, and costs if it prevails (without having to show that your (or if a minor, parent’s/legal guardian’s) claim was frivolous or in bad faith) if such recovery is authorized under applicable law. The immediately preceding sentence shall apply only to those arbitrations that are filed once the definition of Mass Arbitration is met. Thus, by way of example, if the same law firm files 35 Covered Claims within a thirty-day period, the first 29 Covered Claims shall be governed by subpart Section 7.6.12 and the last six Covered Claims (i.e., arbitration numbers 30 through 35) shall be governed by this Section 7.7. Once a law firm or lawyer is deemed part of a Mass Arbitration, all Covered Claims he/she/it files, assists in filing, or causes to be filed shall be governed by this Section 7.7 unless and until the law firm or lawyer does not file, assists in filing, or causes to be filed any Covered Claims for a period of one year. This section 7.7 is inapplicable in California and in any other jurisdiction where this term is prohibited by law.7.8 SeverabilityIf any term or condition in this Arbitration and Class Action Waiver is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Arbitration and Class Action Waiver shall not be affected.8. Privacy Policy: Information collected by Sponsor in connection with this Promotion may be used by Sponsor and shared with third parties involved in administration of the Promotion in accordance with the Sponsor’s online Privacy Policy posted at https://www.pandaexpress.com/legal#privacy-policy. The Player (or if a minor, parent/legal guardian) agrees to the collection, processing and storage of his/her personal data by Sponsor for the purposes of the Promotion.9. Winners List: For a list of winners of prizes valued at over $25, available after February 28, 2023, send an email to: Winners@dja.com with WINNERS & 01-2867-01 as the subject line, for receipt no later than thirty (30) days following the end of the Promotion. 10. Sponsor/Administrator:Sponsor of the Promotion is Panda Restaurant Group, Inc., 1683 Walnut Grove Avenue, Rosemead, CA 91770. Administrator of the Promotion is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747. Entrants should contact the Administrator at dja.com/contact-us with any questions or comments related to these Official Rules.  To report any technical problems or issues concerning the game, Contact Us.