Program Terms

Updated February 06, 2013

Throughout these Program Terms, we make reference to Panera, our, we or us, which shall refer to Panera, LLC or Panera Bread ULC, and/or one or more of either of their affiliated companies, as the case may be. Panera Bread bakery-cafes are owned and operated either by Panera or by independent franchisees licensed to operate Panera Bread bakery-cafes. Be sure to check these Program Terms periodically for updates, as your continued participation in the MyPanera Program signifies your acceptance of these Program Terms and any changed items.

Operation of the MyPanera Program.

The MyPanera Program (“Program”) allows you to receive certain rewards, which may not be identified to you in advance. Purchases at participating Panera Bread bakery-cafes are required to earn rewards. Member card must be registered, and may be required to be presented, in order to earn/receive rewards. You must be at least 13 years of age to participate in the Program. Only one member card per person. Rewards are issued by Panera on a periodic basis. Number, type and frequency of rewards are based upon a number of factors, each subject to change, including without limitation, volume and type of purchases at participating Panera Bread bakery-cafes, member card usage, type and amount of personal information provided (for example, email address), and type and amount of participation in and/or interaction with other Panera programs and/or applications (for example, surveys). Member card may be presented in connection with Panera Catering purchases. Generally, however, rewards are not related to the size/volume of catering purchases. Unless otherwise identified, a reward will consist of the single serving size of the item noted. In the event of any discrepancy, Panera’s determination of the size of the reward shall be final. Member cards may be used to earn rewards a maximum of five times per day, and with a minimum of two hours between each usage. When earned, rewards will be identified on your MyAccount page (if you have one) and may also be printed on your receipt. You are not obligated to accept or utilize any rewards. Only one reward may be redeemed per transaction. Rewards will be deemed forfeited if not used within allotted time frame. Rewards are subject to change or substitution without notice. Rewards may not be exchanged for cash, any cash equivalent or any other products, or combined with other discounts or coupons. Rewards may be transferred only through reward transfer program(s) (if any) made available by Panera through your MyAccount page. If you forgot to present your registered member card, you can get credit for your visit by entering the code at the bottom of your receipt at www.mypanera.com/missedvisit (limits apply: 1 per day, 2 per week and 4 per month. All visit codes expire after 30 days.) The MyPanera member card has no cash value, is not a gift card or credit card, and is not valid if obtained from unauthorized parties, including without limitation through Internet auction sites. Your username and password are for your personal use only. You are responsible for maintaining the security and confidentiality of your MyPanera card and your account, username and password, and you agree to be responsible for all activities that occur with your MyPanera card and under your account, username and/or password. Neither Panera nor its service providers are responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your account, or for use of your MyPanera card or your user name or password without your permission. Some Program options are only available if you utilize corresponding Program features (for example, rewards only appear on your MyAccount page at mypanera.panerabread.com if you create a MyAccount page). A unique email address may be required. Notify us at www.MyPanera.com of a lost or stolen member card; if the lost or stolen member card can be identified, your account details may be transferred to a new member card. Panera reserves the right to terminate or change the Program, including these Program Terms, at any time without notice. Panera may conduct test programs from time to time in certain markets which may have additional/different program terms than those described here. Please refer to the applicable test program Questions and Answer document and/or program terms for more details. Panera has no obligation to expand or continue any test or the Program, and may discontinue the Program at any time. Rewards may not be earned or redeemed if unexpected technical difficulties arise. Panera has no responsibility to retroactively apply rewards or use of the Member card. Panera is not responsible for undeliverable, lost, returned or misdirected emails or other correspondence, or for use of your Member card or rewards issued, without your permission. Valid only in the United States and in the province of Ontario, Canada.

Information We Collect and How We Use It.

Information is collected about you (directly and/or through the activities of franchisees and third party suppliers and service providers (“suppliers”)) from various sources, including without limitation the following: (i) Information you provide when you contact us through the mypanera.com website, (ii) Information you provide on the registration cards and online pages, surveys, or other submission through the mypanera.com website or in connection with the Program, (iii) Information we receive when you use your MyPanera member card, (iv) Information recorded as a result of your interaction with us (through mypanera.panerabread.com or any other website or in any other manner) and/or franchisees, (v) Information you provide when you respond to surveys conducted by or on behalf of us and/or franchisees, and (vi) information we gather about you through our online marketing activities (see the Site Usage and Targeted Marketing Information section of our Privacy Policy for more information).

The information collected may be combined, used and disclosed in a number of ways by us (directly and/or through the activities of franchisees and supplier(s)), to help us better understand and serve our customers, including without limitation the following: (i) To administer the Program including providing you with Program benefits and related communications, and to verify your participation in the Program. (ii) To provide you with, or otherwise respond to your requests for, information and/or services, including but not limited to e-newsletters, marketing programs, forward-to-a-friend or other options in our marketing programs. (iii) To provide you with information about new products or services, events in our bakery-cafes, events that Panera sponsors, including but not limited to contests, sweepstakes and surveys, and other special offers and marketing programs, which may include information about our affiliated company(ies), franchisees and/or other programs any of us or them are involved with. (iv) To enhance our customers' experiences in our bakery-cafes, on mypanera.panerabread.com and in the Program. (v) To analyze customer behaviors and trends. (vi) To conduct research and analysis and to otherwise measure the effectiveness of our online and offline marketing efforts and to develop products, services, and marketing programs. (vii) To coordinate Program activities and communications with other marketing programs conducted by us and/or franchisees. (viii) As otherwise described in these Program Terms or on mypanera.panerabread.com.

Your personal information will be transferred to and within the United States and to other countries. We do not sell or rent to third parties any of the personal information that you provide to us through this Program, or authorize any of our suppliers to sell or rent any such personal information, and we do not authorize any of our suppliers to make independent use of your personal information for their own purposes, including but not limited to for direct marketing. However, aggregated information about customers participating in the Program, surveys or otherwise providing information to Panera (directly or through franchisees and/or supplier(s)) may be combined and utilized by Panera, franchisees and/or supplier(s) for purposes of research, benchmarking and other like uses. Additionally your information may be disclosed in connection with a transfer/sale of business/assets, our compliance with applicable laws, and/or investigation of fraud or violation of these Program Terms and other like activities.

Contact Us

Please notify us immediately of a lost or stolen member card, if you need to update or verify your personal information, to remove your personal information from our active database (This will be completed as soon as reasonably possible, unless we need to retain information for dispute resolution, troubleshooting and other valid legal or business reasons. Please note that we will not remove your historical usage information.), or if you have questions related to privacy by contacting us at http://www.panerabread.com/about/contact or writing to us at Customer Resource Group, Panera Bread, 3630 South Geyer Road, St. Louis MO 63127.

Other Terms

Your participation in the Program may be discontinued by us in connection with actual or suspected unauthorized or fraudulent use of the Program, MyPanera member card or violation of these Program terms. Panera Bread reserves the right to seek all remedies available at law and in equity for violations of any of the Program terms, including suspending or blocking your access to your MyPanera member card.

Panera, its affiliates, ours/their franchisees, and suppliers make no representations, warranties or conditions of any kind, express or implied, with respect to the Program, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Panera does not represent or warrant that MyPanera member cards will always be accessible or accepted.

In the event that Panera, its affiliates, our/their franchisees, and/or suppliers are found liable to you for any reason, you shall only be entitled to recover actual and direct damages and such damages shall not exceed $100. Panera and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the Program, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Panera or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of your Program account or MyPanera member card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Program Terms. In such jurisdiction, our liability is limited to the greatest extent permitted by law.

These Program Terms and any disputes arising under or related to them will be governed by United States federal law and the laws of the State of Missouri, United States, without reference to its conflict of law principles.