I,                                                                     , authorize Panera, LLC, its parents, affiliates, subsidiaries, assigns, licensees, and designees (“Panera”), to use my photograph, image, likeness, and/or voice and authorize the use of my:  name, handle, user name,  image, likeness and/or voice, photographs, videos, posts, and tweets in any media, whether now known or hereafter devised (the “Materials”), and irrevocably grant to Panera, its parents, affiliates, subsidiaries, successors, assigns, licensees, and designees a non-exclusive, perpetual, royalty free, worldwide license, including all rights, title, and interests therein, to the Materials.  I represent and warrant that I have the right, either on my own or through a license, to any and all intellectual property featured in the Materials whether owned by me or by a third party.   I waive any right to inspect or approve any uses that may be created in connection with the Materials, or the use to which the Materials may be applied.  I understand that I will receive no additional compensation of any kind from Panera or any other party in connection with the making and/or use of the Materials.

By replying to Panera’s message with #PANERAYES, I confirm that I am at least 18 years of age and have read and understood the above license and release, and have the authority to execute it. 







Effective:  February 8, 2015

  1. ELIGIBILITY:  You must be a resident of the United States (including the District of Columbia) and be 18 years of age or older (“Participant” or “Participants”) to submit photographs in the #Paneradate promotion (“Promotion”).
  2. SUBMISSION:  Participants can visit ____________________________ to submit photographs (“Submission”) for a chance to have his/her Submission used in future marketing and/or advertising of Panera (defined below).
  3. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each Participant who participates in the Promotion represents and warrants as follows:  (a) Participant’s Submission does not violate or infringe upon anyrights of any other person or entity; (b) Participant represents and warrants that he/she has the right, either on his/her own or through a license, to any and all intellectual property featured in Submission whether owned by Participant or by a third party; (c) Participant’s submission does not violate any applicable laws, and is not defamatory or obscene; (d) Participant’s Submission complies with Instagram and Twitter terms of use; and (e) Submission does not contain any harmful computer code and is not otherwise corrupted. Participant hereby agrees to indemnify and hold Panera, LLC and its parent, subsidiaries, affiliates, franchisees, agents, assigns and successors (“Panera”) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of Participant hereunder.
  4. ENTRANT'S GRANT OF RIGHTS: By participating in the Promotion, Participant hereby (a) irrevocably grants to Panera a non-exclusive, worldwide, transferable, fully-paid, royalty-free, worldwide, perpetual, license, including the unlimited right to sublicense, reproduce, modify, publicly perform, publicly display, distribute, and use the Submission by means of any and all media and devices whether now known or hereafter devised, including without limitation, on Panera’s websites, Instagram and Twitter pages; and (b) agrees to execute all further documents in connection with the Submission as requested by Panera, including any further license, in order for Panera to use the submission as contemplated by the Promotion. Each Participant who participates in the Promotion irrevocably waives any and all so-called moral rights in the Submission. Panera has the right (but not the obligation) to use the Submission in any and all forms of marketing and advertising and to publish any Submission on the Panera websites and Instagram and Twitter pages.  There is no guarantee that Submission will be used by Panera.
  5. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter.