Panera – Iced And Toasty Sweepstakes

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PANERA ICED AND TOASTY SWEEPSTAKES
OFFICIAL RULES (“Official Rules”)
NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
TO BE ELIGIBLE TO PARTICIPATE AND WIN A PRIZE (AS THAT TERM IS DEFINED
BELOW), YOU MUST LIVE IN AN AREA SERVICED BY UPS (“FULFILLMENT PARTNER”)
IN THE UNITED STATED OF AMERICA WHICH FULFILLMENT PARTNER LOCATIONS CAN
BE FOUND AT HTTPS://WWW.ICEDANDTTOASTY.FOOJI.COM/#DELIVERY-ZONES AND
MUST SATISFY THE OTHER ELIGIBILITY REQUIREMENTS SET FORTH BELOW.
BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES,
WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING.
WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE
SPONSOR, ADMINISTRATOR, AND OTHER PROMOTION ENTITIES BY YOU, A CLASS
ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE
SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR
RIGHTS AND REMEDIES.
1) Promotion Entry Period: The Panera Iced and Toasty Sweepstakes (the “Promotion”) begins
at approximately 8:00 a.m. ET on January 26, 2021 and ends at 11:59pm ET on January 29, 2021
or when all available Prizes are issued by Administrator, whichever comes first (the “Promotion
Entry Period”). At approximately 12:01 a.m. ET on January 26, 2021, the beginning of the
Promotion Entry Period, Sponsor will tweet a call to action from the @PaneraBread Twitter handle
(the “CTA Tweet”). As soon as the CTA Tweet is issued, eligible entrants may participate in the
Promotion as provided herein.
2) Eligibility: To be eligible to receive a Prize, entrants must, at the time of entry, meet all of the
following requirements: (i) be legal residents of the fifty (50) United States or the District of
Columbia who live in an area serviced by Fulfillment Partner at one of the locations identified in
the link above (“All 50 States”); (ii) be 18 years of age or older and the age of majority in the
entrant’s jurisdiction as of the date and time of participation; and (iii) be registered users of Twitter
(each, a “Participant(s)”). Employees, officers, directors, franchisees and agents of Panera, LLC
(“Sponsor”), Fooji, Inc. (“Fooji” or “Administrator”), Fulfillment Partner, any other company
involved in the presentation, administration or fulfillment of the Promotion, and their respective
subsidiaries, affiliated companies, and divisions (collectively, the “Promotion Entities”) and each
of their immediate family members (defined as any spouse, partner, parent, legal guardian,
sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and/or
those living in the same household of any such person (whether or not related) are not eligible for
the Promotion. Void outside the Territory and in Puerto Rico and where prohibited or restricted by
law.
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3) Sponsor and Administrator: The Sponsor of the Promotion is Panera, LLC, located at 3630
So. Geyer Road, St. Louis, MO 63127. The Administrator of the Promotion is Fooji, Inc. located
at 257 E. Short St. Suite 200, Lexington, KY 40507.
4) How To Participate in the Promotion: After the CTA Tweet is made, during the Promotion
Entry Period, to participate, click the link included in the CTA Tweet (www.icedandtoasty.com)
posted by @PaneraBread. During the Promotion Entry Period, if the Promotion is still ongoing
when you click on the link, you will be directed to the online registration form. You must fully
complete the registration form by providing your name, physical address, email address, and
phone number and submit to Fooji a completed registration form for its receipt. A maximum of
one (1) Prize may be awarded per person, per Twitter account and per delivery address in
connection with the Promotion. Purported registration forms that are incorrect or incomplete,
received outside the Promotion Entry or that contain obscene, offensive, or any other language
communicating messages inconsistent with the positive images with which Sponsor and/or
Administrator wishes to associate itself/themselves (all as determined by Sponsor and/or
Administrator in its/their sole discretion) will be void and disqualified. Sponsor and/or
Administrator is not responsible for misspellings, typographical errors, or other issues that may
affect the ability to locate or record a purported registration form. Due to the way Twitter operates
its service, Fooji may not be able to receive or send communications, or otherwise detect
participation from or interact with potential Participants who have Twitter account settings that
make their updates, comments, posts or communications private, protected, or otherwise limited,
in which case any such purported Participant will be disqualified and ineligible to receive a Prize.
Normal Internet access and phone/usage charges imposed by your online/phone service may
apply. Each registration form must be manually key stroked and manually entered by the
individual Participant; automated and/or repetitive submission of registration forms (including but
not limited to entries made using any script, macro, bot or sweepstakes service) will be
disqualified.
This Promotion is in no way sponsored, endorsed, or administered by or associated with
Twitter, Inc.
NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: When you participate in the
Promotion via a mobile device and/or download or transmit data via your mobile device, data and
messaging rates may apply according to the terms and conditions of your service agreement with
your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and
may appear on your mobile phone bill or be deducted from your prepaid account balance.
Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more
information on rate plans and charges relating to your participation in this Promotion. Check your
mobile device’s capabilities for specific instructions.
5) Prizes: There are 450 Prizes available in this Promotion (as further outlined in the chart below)
(each a “Prize”). All federal, state and local taxes and all other expenses not expressly listed in
these Official Rules are the sole responsibility of the winners. No more than the stated number of
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Prizes may be awarded. Prizes are non-transferable and may not be substituted or redeemed for
cash by winners. Sponsor reserves the right to substitute any Prize for one of comparable or
greater value. Prize type(s) and components will be selected by Sponsor or its representatives in
its/their sole discretion. Actual retail value of the Prizes may vary, including variations based on
the Participants’ location. Total ARV of all Prizes available in this Promotion: $22,122.00.
Prize ARV of Each Prize Number of Prizes Available
in The United States of
America
Panera Bread Bowl Hand
Warmer
$49.16 450
Total $22,122.00 $22,122.00
6) Winner Selection: Odds of winning a Prize in this Promotion depends on the number of
Participants. Fooji will be the official time keeping device for the Promotion and all decisions by
the Administrator regarding the timing of entries and the order in which they are received will be
final and binding. Subject to compliance with these Official Rules, on or about January 30, 2021,
Administrator will select 450 potential Prize winners in a random drawing from all eligible and
verified Participants who performed a qualifying Participation Action during the Promotion Entry
Period and filled out the required online form. If you are chosen as a winner you will receive a
winning notification from the Administrator via email indicating that you are a potential prize
winner. Participants selected as winners are limited to one (1) Prize per person, per delivery
address during the Promotion Entry Period. Prizes will be facilitated through a direct link posted
via @PaneraBread on Twitter. Local merchants that participate in the Fulfillment Partner network
may provide fulfillment and delivery of the Prize(s). Prize availability may vary and is not
guaranteed in all areas. Except as determined by Sponsor in its sole discretion, no substitution
of any Prize is offered, no transfer of Prize to a third party is permitted, and non-cash Prize(s)
may not be redeemed for cash value. AS SET FORTH ABOVE, YOU MUST RESIDE IN A
LOCATION SERVICED BY FULFILLMENT PARTNER IN ORDER TO BE ELIGIBLE TO
PARTICIPATE IN THIS PROMOTION AND WIN A PRIZE. Prize(s) will be awarded and delivered
only to addresses within the United States that are serviced by Fulfillment Partner. Verified Prize
winner(s) will be solely responsible for all applicable federal, state and local taxes on Prize(s) and
may receive an IRS Form 1099 for the retail value of the Prize and must provide Sponsor and/or
Administrator with a valid social security number if requested for tax reporting purposes. All
expenses associated with the receipt and use of a Prize not specifically mentioned herein are
solely the responsibility of the winners. Sponsor and/or Administrator are not responsible for any
delay or cancellation of the Prize delivery due to unforeseen circumstances, or those outside of
Sponsor and/or Administrator’s control. If the fulfilling merchant cancels the order for reasons out
of Sponsor and/or Administrator’s control, the Prize will not be delivered and no additional
compensation will be provided. Potential winners are subject to verification and may be required
to sign and return to Sponsor and Administrator for their receipt within three (3) business days an
Affidavit of Eligibility/Liability Release with (where lawful) a publicity release for receipt by Sponsor
and Administrator by the due date indicated in the notification message. If any required
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documents are not timely received by Sponsor and/or Administrator, as applicable, or if any
message or mail intended for a winner is returned as undeliverable, then the applicable Prize may
be may be forfeited.
7) General Rules / Limitations of Liability: By participating in the Promotion, Participants agree
to be bound by these Official Rules and the decisions of the Sponsor and Administrator which
shall be final in all respects. Participation in the Promotion constitutes permission for the Sponsor,
Administrator, and its/their designees to use the Participant’s name, likeness, voice, biographical
information, prize information, quotes attributable to Participant, and any other elements of
Participant’s persona for purposes of advertising and trade, in any and all media now known or
otherwise developed without further compensation or review, including without limitation to
publicize the names and likeness of Prize winners and to create a Participant list to be used by
Fooji and its partners to re-target participants via email or the Fooji app, unless prohibited by law.
By clicking “Enter Now,” Participants authorize Fooji or their Fulfillment Partners to send an email
notifying Participants of delivery details for their order. In the event there is a discrepancy or
inconsistency between disclosures or other statements (in any and all media) contained in any
Promotion materials and the terms and conditions of the Official Rules, the Official Rules shall
prevail, govern and control. Sponsor, Administrator, and the other Promotion Entities assume no
responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty,
failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft,
destruction or alteration of entries at any point in the operation of this Promotion; (c) any technical
malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or
communications line failure, regardless of cause, with regard to any equipment, systems,
networks, lines, satellites, servers, computers, software or providers utilized in any aspect of the
operation of the Promotion; (d) inaccessibility or unavailability of the Internet or the Twitter
platform or any combination thereof, or; (e) any injury or damage to Participant’s or to any other
person’s computer which may be related to or resulting from any attempt to participate in the
Promotion. The Sponsor, Administrator, and other Promotion Entities are not responsible for the
failure of any order to be received for any reason or for any delay in the processing or failure to
process any order or entries. The Sponsor and/or Administrator reserve the right at its/their sole
discretion to disqualify any individual that tampers or attempts to tamper with the order process
or the operation of the Promotion; violates the Official Rules; is suspected of cheating, fraud, or
acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or
harass any other person. Any Participant who uses or is suspected of using cheating, fraudulent
means, unauthorized ordering methods, or otherwise attempts to participate multiple times, or
with multiple identities, Twitter accounts, and/or addresses will be disqualified. Any attempt by
any person to undermine the legitimate operation of the Promotion may be a violation of criminal
and civil law, and, should such an attempt be made, the Sponsor and/or Administrator reserves
the right to seek damages from any such person to the fullest extent permitted by law. The
Sponsor and/or Administrator’s failure to enforce any term of these Official Rules shall not
constitute a waiver of that or any other provision. If, for any reason, the Promotion is not capable
of running as planned, including infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, changes to the Twitter platform that are not acceptable to
Sponsor and/or Administrator, or any other causes beyond the control of the Sponsor and/or
Administrator which corrupt or affect the administration, security, fairness, integrity or proper
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conduct of the Promotion, then the Sponsor and/or Administrator reserves the right in its/their sole
discretion to cancel, modify, suspend or terminate the Promotion in whole or in part. In the event
Administrator experiences a technical failure during admission of the Promotion that causes the
Promotion to be suspended, Administrator shall select a winner(s) by random drawing from all
valid entries received up to the point of the technical failure. TO THE FULLEST EXTENT
PERMITTED BY LAW, AS A CONDITION OF ENTRY INTO THE PROMOTION, ALL
PARTICIPANTS AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE
SPONSOR, ADMINISTRATOR, AND OTHER PROMOTION ENTITIES 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: PARTICIPATING IN ANY ASPECT OF THE
PROMOTION; THE RECEIPT, OWNERSHIP OR USE OF ANY PRIZE AWARDED;
PREPARING FOR, PARTICIPATING IN OR TRAVELING TO AND/OR FROM ANY PRIZE-
RELATED OR PROMOTION-RELATED ACTIVITY, OR; ANY TYPOGRAPHICAL OR OTHER
ERROR IN THESE OFFICIAL RULES OR ANY CTA TWEETS OR OTHER ANNOUNCEMENTS
RELATING TO THE PROMOTION. THE WINNERS SHALL BEAR ALL RISK OF LOSS OR
DAMAGE TO THEIR PRIZE AFTER THEY HAVE BEEN DELIVERED. SPONSOR,
ADMINISTRATOR, AND THE OTHER PROMOTION ENTITIES MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE,
SAFETY OR PERFORMANCE OF ANY PRIZE(S).
BY ENTERING THE PROMOTION, PARTICIPANT AGREES THAT, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF
ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE(S)
AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY)
NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE
AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY
PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY
KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER
DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN
DOLLARS ($10.00)) AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR
OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING
LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Without limiting any other provision in these Official Rules, the Promotion Entities are not
responsible or liable to any Participant or winner (or any person claiming through such Participant
or winner) for failure to supply the prize or any part thereof in the event that any of the Promotion
activities or Promotion Entities’ operations or activities are affected by any cause or event beyond
the sole and reasonable control of the applicable Promotion Entity (as determined by
Administrator in its sole discretion), including, without limitation, by reason of any acts of God,
equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared
or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion,
earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike
(whether legal or illegal), labor or material shortage, transportation interruption of any kind, work
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slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any
governmental or quasi-governmental entity (whether or not such governmental act proves to be
invalid), or any other cause, whether or not specifically mentioned above.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION
1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR
TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER
AGAINST THE PROMOTION ENTITIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.”
9) Privacy Policy: By entering the Promotion, Participants agree that any personal information
submitted by Participants may be used and shared by Administrator subject to Fooji’s privacy
policy posted at https://www.fooji.com/privacy/ and Sponsor subject to Sponsor’s privacy policy
https://www.panerabread.com/en-us/company-information/privacy-policy.html
10) Governing Law / Disputes/ Arbitration: Except where prohibited by law, as a condition of
participating in this Promotion, each Participant agrees that (1) any and all disputes and causes
of action arising out of or connected with these Promotion, including but not limited to Prize
awarded, shall be resolved individually, without resort to any form of class action, and exclusively
by final and binding arbitration under the rules of JAMS and held at the JAMS regional office
nearest the Participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement
and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be
entered in any court having jurisdiction. Under no circumstances will any Participant be permitted
to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental or
consequential damages, or any other damages, including attorneys’ fees, other than Participant’s
actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and
Participant further waives all rights to have damages multiplied or increased. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of
these Official Rules, or the rights and obligations of the Participant and Sponsor and/or
Administrator in connection with the Promotion, shall be governed by, and construed in
accordance with, the laws of the State of New York, without giving effect to any choice of law or
conflict of law rules (whether of the State of New York or any other jurisdiction), which would
cause the application of the laws of any jurisdiction other than the State of New York.
11) Severability: If any term of provision of these Official Rules is found under the law to be
invalid or unenforceable, then such specific term or provision shall be of no force and effect and
shall be severed and the remainder of these Official Rules shall continue in full force and effect.
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12) Winners List: For a winners’ list, no later than 60 days after the close of the Promotion, send
an email request with the name of the Promotion to hello@fooji.com or mail your request together
with a self-addressed stamped envelope to Panera Iced and Toasty Sweepstakes Winner’s List
Administrator at the address noted in Section 3 above.
13) Questions? If you have any questions, you may contact us at help@fooji.com.