Panera – Mypanera Holiday Gift-Away – Win “Panera and Unlimited Sip Club Membership For A Year”.

MyPanera® Holiday Gift-Away
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND
WILL NOT INCREASE YOUR CHANCES OF WINNING.
Overview: MyPanera® Holiday Giveaway (the “Promotion”) consists of a sweepstakes
(the “Sweepstakes”) and an instant win game (the “Instant Win Game”).
To qualify as the Sweepstakes Grand Prize winner, you must have a MyPanera® account (each
an “Account”) in order to participate. If you do not have an existing Account, you will be required
to create an Account. Accounts are free, but subject to the Terms of Service
(https://www.Panerabread.com/en-us/legal/terms-of-use.html ) and Privacy Policy
(https://www.Panerabread.com/en-us/legal/your-privacy.html ). There are two (2) ways to create
an Account:
(i) Download the MyPanera® App: Download the MyPanera® mobile app (the “App”) to a
mobile device, tap the Join MyPanera® button located at the on the main screen of the
App and follow the instructions to create an Account.
(ii) Online: Visit https://www.Panerabread.com/content/Panerabread_com/en-
us/MyPanera/sign-up-with-MyPanera.html and following the instructions to create an
Account.
1. Eligibility: The Promotion is open only to legal residents of the fifty (50) United States and the
District of Columbia, who are at least eighteen (18) years old and who have/create an Account at
the time of entry. Employees of Panera® LLC., (“Sponsor”), Merkle Inc. (“Administrator”), and
their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents,
siblings and children) and household members of each such employee are not eligible. The
Promotion is subject to all applicable federal, state and local laws and regulations and is void
where prohibited. Participation constitutes entrant’s full and unconditional agreement to these
Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related
to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Panera® LLC., 3630 S Geyer Rd #100, St. Louis, MO 63127. Administrator:
Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Promotion begins on December 7, 2022 at 12:00 a.m. Eastern Time (“ET”) and
ends on January 2, 2023 at 11:59 p.m. ET (the “Promotion Period”).
The Sweepstakes consists of four (4) entry periods (each a “Sweepstakes Entry Period”), as set
below.
Sweepstakes Entry
Period
Start Date (at 12:00
a.m. ET)
End Date (at 11:59
p.m. ET)
Approximate
Sweepstakes Draw
Date/Winner
Notification Date
1 December 7, 2022 December 13, 2022 December 14, 2022
2 December 14, 2022 December 20, 2022 December 21, 2022
3 December 21, 2022 December 27, 2022 December 28, 2022
4 December 28, 2022 January 2, 2023 January 3, 2023
Administrator’s computer is the official time-keeping device for the Promotion.
4. How to Enter: During the Promotion Period, visit www.mypaneragiftaway.com and log into
your Account. You automatically will receive one (1) Sweepstakes entry for the applicable
Sweepstakes Entry Period drawing and advance to the Instant Win Game page and receive one
(1) Instant Win Game play for that day. Once on the Instant Win Game page, the Instant Win
Game results will be instantly displayed; Instant Win Game prizes will be fulfilled via the provided
email address approximately 8-10 weeks after the conclusion of the Promotion. Potential winners
of the Instant Win Game will be provided directions for validation. All potential winners are
subject to verification before any prize will be awarded. Administrator is responsible for the
functionality of the Instant Win Game.
Limit: Each entrant may enter/play one (1) time per day during the Promotion Period. Multiple
entrants are not permitted to share the same email address associated with your Account. Any
attempt by any entrant to obtain more than the stated number of plays/entries by using
multiple/different email addresses, identities, registrations and logins, or any other methods will
void that entrant’s plays/entries and that entrant may be disqualified. Use of any automated
system to participate is prohibited and will result in disqualification. Sponsor and Admonitor are
not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which
will be disqualified. In the event of a dispute as to any registration or play, the authorized account
holder of the email address used to register will be deemed to be the entrant or 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 holder.
Bonus Sweepstakes Opportunity: “Lose” the Instant Win Game: If you play the Instant Win
Game and receive a “lose” message, meaning you are not a potential winner of an Instant Win
Game Prize, you will receive five (5) bonus Sweepstakes entries for the applicable Sweepstakes
Entry Period drawing. Limit: Up to five (5) bonus Sweepstakes entries, per email address/person,
per day via this method during the Promotion Period.
5. Sweepstakes/Instant Win Game: Administrator is an independent judging organization whose
decisions as to the administration and operation of the Promotion and the selection of potential
winners are final and binding in all matters related to the Promotion. Sweepstakes: Administrator
will randomly select each potential Sweepstakes winner from all eligible entries received during
the applicable Sweepstakes Entry Period, on or about the dates listed above in Section 3. Non-
winning Sweepstakes entries will not carry forward into any subsequent Sweepstakes Entry
Period drawings. Instant Win Game: Twenty-five thousand one hundred twenty-five (25,125)
random, computer-generated winning times, one for each prize listed below, will be generated
during the Promotion Period. If you are the first player to play the Instant Win Game at or after
one of the randomly-generated times, you will be a potential instant winner of the prize indicated.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR
ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS
RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF
THE INSTANT WIN GAME OR SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND
UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL WINNER HAS BEEN VERIFIED AND
ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL
NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS
VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED
FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID AND WILL NOT BE
HONORED.
7. Verification of Potential Winners: Receiving a prize is contingent upon compliance with
these Official Rules. The potential Sweepstakes winners will be notified by email or phone. Each
potential Sweepstakes Grand Prize winner (parent/legal guardian if winner is a minor in
his/her/their state of residence) will be required to sign and return a Declaration of Compliance,
Liability Waiver, and where not prohibited, a Publicity Release (“Declaration”) which must be
received by Administrator, within five (5) days of the date notice or attempted notice is sent, in
order to claim his/her/their prize. If a potential winner of any prize cannot be contacted or fails to
sign and return the Declaration or provide any other requested information within the required
time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize.
In the event that a potential winner of a prize valued over $25.00 forfeits the prize or is
disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by
random drawing from among all remaining eligible entries. There will be three (3) alternate
drawings after which the applicable prize will remain unawarded. Unclaimed prizes valued at
$25.00 or less will not be awarded.
8. Prizes:
Sweepstakes Prizes: FOUR (4) GRAND PRIZES (one (1) awarded per Sweepstakes Entry
Period): Each grand winner will receive “Panera® and Unlimited Sip Club Membership For A
Year”. Panera® For A Year awarded as twenty-four (24) $200.00 physical Panera® Gift Cards, to
be fulfilled in one (1) package bundle. Unlimited Sup Club Membership for A Year fulfilled as a
digital code, which must be redeemed by February 28, 2023. TAX GROSS UP PAYMENT:
Sponsor will also provide winner a single cash payment in the form of a corporate check, which is
intended to assist the winner with any federal, state, or other tax obligations related to the Grand
Prize (the “Tax Gross-Up Payment”). The Tax Gross-Up Payment will be $2,123.00. The Grand
Prize winner’s actual tax liabilities related to the Grand Prize could exceed the Tax Gross-
Up Payment. The Grand Prize winner is solely responsible for all applicable federal, state,
or other tax obligations related to the Grand Prize. Sponsor will not provide any further
assistance toward the winner’s tax obligations. Approximate Retail Value (“ARV”): $7,075.52.
Odds of winning a Sweepstakes Grand Prize depend on the number of eligible entries received
for the applicable Sweepstakes Entry Period.
Instant Win Game Prizes:
Quantity Prize ARV per Prize
375 $50.00 Panera® Gift Card $50.00
5,000
2-month Unlimited Sip Club
Membership Trial
$25.42
750 $25.00 Panera® Gift Card $25.00
4,000 $10.00 Panera® Gift Card $10.00
15,000 $5.00 Panera® Gift Card $5.00
Odds of winning an Instant Win Game prize depend on the number of Instant Win prizes available
divided by the number of eligible Instant Win Game plays.
For Unlimited Sip Club Prizes: For new subscribers that sign up for an Unlimited Sip Club
subscription by February 28, 2023 via https://www.Panerabread.com/en-
us/MyPanera/subscription.html .
For All Prizes: Terms and conditions of gift cards and trial periods apply. No cash equivalent and
all prizes are non-transferable and no substitution will be made except as provided herein at the
Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or
greater value if the designated prize should become unavailable for any reason. Winners are
responsible for all taxes and fees associated with prize receipt and/or use. Prizes will be fulfilled
approximately 8-10 weeks after the conclusion of the Promotion. Limit: One (1) Sweepstakes
Grand Prize and one (1) Instant Win Game Panera® Gift Card Prize and one (1) Instant Win
Game 2-month Unlimited Sip Club Trial Prize per person. TOTAL ARV OF ALL PRIZES:
$307,902.08.
9. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor,
Administrator, and their respective subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies and each of their respective parent companies and each such
company’s officers, directors, employees and agents (collectively, the “Released Parties”) from
and against any claim or cause of action, including, but not limited to, personal injury, death, or
damage to or loss of property, arising out of participation in the Promotion or receipt or use or
misuse of any prize.
10. Publicity: Except where prohibited, participation in the Promotion constitutes winner’s
consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions
and/or hometown and state for promotional purposes in any media, worldwide, without further
payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the
Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs
the integrity or proper functioning of the Sweepstakes or Instant Win Game, or any event or
cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies,
wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any
aspect of the Sweepstakes or Instant Win Game, including but not limited to fulfillment of the
prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the
right to modify the prizes offered herein and to award the prizes at random from among the
eligible entries or plays received up to the time of the impairment. Sponsor reserves the right, in
its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the
operation of the Sweepstakes or Instant Win Game or to be acting in violation of the Official Rules
of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any
person to deliberately undermine the legitimate operation of the Sweepstakes or the Instant Win
Game may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor
reserves the right to seek damages from any such person to the fullest extent permitted by law.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that
provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or
inaccurate information, whether caused by entrants, printing errors or by any of the equipment or
programming associated with or utilized in the Promotion; (2) technical failures of any kind,
including, but not limited to malfunctions, interruptions, or disconnections in phone lines or
network hardware or software; (3) unauthorized human intervention in any part of the entry
process or the Promotion; (4) technical or human error which may occur in the administration of
the Promotion or the processing of entries; or (5) any injury or damage to persons or property
which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the
Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry or play is
confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s
sole remedy is another Sweepstakes entry or Instant Win Game play, if possible. No more than
the stated number of prizes will be awarded. In the event that production, technical, seeding,
programming or any other reasons cause more than stated number of prizes as set forth in these
Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated
number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and
causes of action arising out of or connected with this Promotion or any prize awarded shall be
resolved individually, without resort to any form of class action, by an appropriate Delaware State
Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs
incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees;
and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby
waives all rights to claim, indirect, punitive, incidental and consequential damages and any other
damages, other than for actual out-of-pocket expenses, and any and all rights to have damages
multiplied or otherwise increased. All issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant
and Sponsor in connection with the Promotion, shall be governed by, and construed in
accordance with, the laws of the State of Delaware, without giving effect to any choice of law or
conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would
cause the application of the laws of any jurisdiction other than the State of Delaware.
14. Entrant’s Personal Information: Information collected from entrants is subject to the
Sponsor’s Privacy Policy https://www.Panerabread.com/en-us/legal/your-privacy.html.
15. Winner List: For a winner list, click here. The winner list will be posted after winner
confirmation is complete.
© 2022 Merkle, Inc. All Rights Reserved.