Panera – National Coffee Day 2021 Sweepstakes

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PANERA NATIONAL COFFEE DAY 2021 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.COFFEE.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 National Coffee Day 2021 Sweepstakes (the
“Promotion”) begins at approximately 7:00 a.m. ET on September 23, 2021 and ends at 11:59pm
ET on September 29, 2021 (the “Promotion Entry Period”). At approximately 7:00 a.m. ET on
September 23, 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 (the “Territory”); (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 (jumpstartjug.com) posted by
@PaneraBread. 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. One (1) entry per Participant. 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 Period 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 are 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
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
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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: $10,000.
Prize ARV of Each Prize Number of Prizes Available
in The United States of
America
One (1) one-gallon “Jump
Start” Jug
$20 450
Total Prize Value: $9,000
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 September 30,
2021, Administrator will select 450 potential Prize winners in a random drawing from all eligible
and verified Participants who completed the registration form during the Promotion Entry Period.
If you are chosen as a potential winner you will receive a winning notification from the
Administrator via email to the email address listed on online registration forms 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 THE TERRITORY 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 Territory 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 documents are not timely received by Sponsor and/or
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Administrator, as applicable, or if any message or mail intended for a winner is returned as
undeliverable, then the applicable Prize 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. By clicking “Enter Now,” Participants authorize
Fooji or their Fulfillment Partners to send an email notifying Participants of their entry and/or prize.
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 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
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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
slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any
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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 National Coffee Day 2021 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.