Terms and Conditions MyPanera®Canada Loyalty Program (New Canadian Program) 

Effective as of April 14, 2025 

PLEASE READ CAREFULLY. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE PROGRAM. THE PROGRAM IS VALID IN CANADA ONLY. 

If You Are New Here – Welcome! 

Welcome to the MyPanera Canada Program! We are excited to oer a Canada specific loyalty program. The sponsor of the MyPanera® Canada Loyalty Program (the “Program”) is FMI Better Bread Company Inc. (“Better Bread”), a proud franchisee of the Panera Bread®restaurant brand in Canada. By accessing or participating in the Program (including without limitation registering for an Account (as defined below)), you are agreeing to the following: 

• To be legally bound by (and to comply with) the Program and the Terms and Conditions associated with the Program (the “Program Terms”); and Better Bread’s Terms of Service panera.ca/terms-of-use and Privacy Policy panera.ca/privacy (and together with the Program Terms, the “Terms”); and any other applicable terms that may be communicated to you in connection with the Program ; 
• You are a resident of Canada and have reached the age of majority in your province / territory (or if between the ages of 13 years of age and the legal age of majority in your province or territory), that you will only participate in the Program under the supervision of a parent or legal guardian who has agreed on your behalf that you will be bound by the Terms. 
• The Program in unrelated to the MyPanera loyalty program in the United States or to any other loyalty program oered in connection with the Panera Bread restaurant brand. The Panera Bread® system is made up of company-operated, franchised, and licensed Panera Bread® restaurant and commercial products businesses. This means that we, as a Panera Bread® franchisee, independently own and operate our business and may do certain things dierently than other entities in the system. 

Changes to the Terms

If required by applicable law or at the sole discretion of Better Bread, we will provide you with written notice of a proposed amendment to the Terms (the “Notice”). Subject to any applicable notice periods otherwise prescribed by law, and at the sole discretion of Better Bread, such Notice will be communicated to you at least thirty (30) days before any amendment comes into eect via messages delivered via our App and / or our website, to your email and / or via any other means we have for you. To the extent that you do not agree with the applicable amendment, you may terminate your participation in the Program at any time. 

Please review the Terms frequently to understand the terms and conditions that apply to your participation in the Program. Subject only to any prescribed notice provisions (if applicable), Better Bread reserves the right, in its sole and absolute discretion, to suspend and / or amend all or any portion of the Terms and any other information relating to the Program, or to terminate the Program in whole or in part, at any time and without notice. In the event that the Program is terminated, the Terms will also be terminated and your Points (defined below) shall expire concurrently with the termination of the Program. 

Subject only to any prescribed notice provisions (if applicable), or to notice provided to you by Better Bread (in its sole and absolute discretion), any amendment to the Program will be eective immediately upon posting the amendment to our website at www.panera.ca. Consequently, you waive any right you may have to receive any other type of notice of such amendment. 

To the fullest extent permitted by applicable law, your continued participation in the Program following an amendment, constitutes your full acceptance of, and agreement to be legally bound by the Terms as revised. 

By participating in the Program, you agree that we may collect, use and disclose your personal information, communicate with you about the Program (including without limitation via electronic communications) and otherwise use your personal information to administer and fulfill the Program as set out in our Privacy Policy which can be accessed here panera.ca/privacy. 

About the Program

By participating in the Program as a Registered Participant (as defined below), you can earn points every time you make a purchase at a participating Panera Bread® restaurant in Canada and complete an Eligible Transaction (as defined below) (the “Points”). Points will be allocated based on the dollar value of the order on a per transaction basis (i.e., each one-dollar ($1.00) spent in any one (1) transaction equals ten (10) Points for Eligible Transactions from our retail menu or five (5) points for Eligible Transactions from our catering menu). Points may be redeemed at participating Panera Bread®restaurants in Canada for select eligible menu items (the “Eligible Menu Items”), subject to compliance with these Terms. 

From time to time, personalized oers may be made available to you, allowing you to receive other Panera Bread® benefits (together with the Eligible Menu Items, the “Rewards”), earn Points and redeem Points in additional ways, or otherwise participate in the Program, all as determined by Better Bread in its sole and absolute discretion (the “Personalized Oers”). 

Participating in the Program 

To participate in the Program, you must or obtain a digital Program card (“Digital Card”); or a physical Program card (“Physical Card”). 

• Digital cards are made available to you via our App and / or website (www.panera.ca). To obtain a Digital Card, you may be required to submit certain information (including, but not limited to your valid email address) and will have the option to submit certain additional information (including, but not limited to, your birthday). Upon submitting the required information, you will be automatically registered for a MyPanera® Canada loyalty account (an “Account”) as a registered participant (a “Registered Participant”). 
• Physical Cards are made available to you at participating Panera Bread® restaurants while supplies last. If you are the holder of a Physical Card, you must register for an Account by following the instructions on our website or via the App and enroll your Physical Card with your Account. 

There is a limit of one (1) Digital Card or one (1) Physical Card per one (1) Account per person. Please note that Digital Cards and Physical Cards are not gift cards. Points earned by participating in the Program have no cash value. 

How Your Points Turn into Rewards

If you are a holder of a Digital Card and / or a Physical Card enrolled with an Account, and are otherwise compliant with the Terms, you are eligible to earn Points and Rewards in the Program. 

Each time a Registered Participant uses their Digital Card or Physical Card to complete a transaction to purchase an item or items at a participating Panera Bread®restaurant located in Canada or while using the App to order from a participating Panera Bread®located in Canada that is equal to or greater than $1.00 CAD (excluding applicable taxes and fees) and after any applicable Rewards or other discounts are applied) on a per-transaction basis, that Registered Participant will be credited with having completed an eligible transaction (the “Eligible Transaction”). For clarity, Points and Rewards are not earned on amounts spent that are related to taxes and fees. Standard rounding applies if your amount paid includes a decimal – Points earned will be based on the amount paid and decimal rounded down to the nearest tenth if the decimal is between 0.01-0.04, or rounded up to the nearest tenth if the decimal is between 0.05-0.09. For example, if you were to spend $4.94, you will earn 49 Points. If you spend $4.95, you will earn 50 Points. 

The following goods, services and other items (each, an “Excluded Item”) do not qualify towards or otherwise form part of an Eligible Transaction for purposes of earning Points and Rewards under the Program. For certainty, the value of any Excluded Item(s) will not be credited toward the value of any Eligible Transaction, these include: 

• transactions to load, reload and / or activate a Panera Bread® gift card (including, without limitation, bulk Panera Bread®gift card activations; ● transactions completed via a third party ordering website, and / or transactions completed via a delivery aggregator; 
• delivery tip transactions; 
• transactions to purchase a retail product (unless otherwise expressly included); 
• any deposits (including bottle deposit); and / or 
• the cost of any government prescribed taxes, fees, duties, levies or otherwise. 

Points earned in connection with an Eligible Transaction will be automatically applied to your Account within twenty-four (24) hours of completing the Eligible Transaction.

The following are not considered an Eligible Transaction for purposes of the Program: 

• a transaction made using your Digital Card or Physical Card that is voided at the point of sale prior to being completed, or that does not otherwise result in a completed transaction for any reason (as determined by Better Bread in its sole discretion); and / or 
• a transaction completed via any unauthorized means, determined by Better Bread (in its sole discretion). 

For an in-restaurant purchase to be considered an Eligible Transaction, a Physical Card or a Digital Card must be scanned prior to the completion of the transaction. 

Personalized Oers 

From time to time, personalized oers may be made available to you to allow you to earn or redeem Points in additional ways or receive certain personalized Rewards (a “Personalized Oer”). If a Personalized Oer is made available to you, you will be notified in your Account or via email, depending on your communication preferences, or by other means as determined by Better Bread in its sole discretion. 

Each Personalized Oer is subject to its own specific terms and conditions (the “Specific Oer Terms”), which will be communicated to you via your Account, email or by other means as determined by Better Bread in its sole discretion. The Specific Oer Terms will be in addition to the Terms. Personalized Oers cannot be combined with any other discounts, coupons or oers, unless otherwise stated within these Terms. 

Birthday Bonus 

If you are a Registered Participant, have registered your birthday with your Account at least seven (7) days prior to your birthday, and have made at least one (1) Eligible Transaction during the twelve (12) month period prior to your birthday, you will be eligible to receive one (1) birthday bonus reward per year (the “Birthday Bonus”). If you are eligible to receive the Birthday Bonus, your Birthday Bonus will be automatically added to your Account on your birthday. Each Birthday Bonus will be selected by Better Bread in its sole discretion. The Birthday Bonus may require you

to visit a participating Panera Bread®location in Canada and complete a transaction using your Digital Card or Physical Card to redeem the Birthday Bonus. 

Each Birthday Bonus is subject to its own Specific Oer Terms, as communicated to you via your Account, email or by other means as determined by Better Bread in its sole discretion. The Birthday Bonus can only be applied once during your birthday, and begins at 12:00am on the date of your birthday and ends at 12:00pm on the day that is seven (7) days after your birthday, based on your applicable time zone in Canada. 

Redeeming Points 

Subject to the Reward Redemption Cap (as defined below), Registered Participants that comply with the Terms may redeem Points for Eligible Menu Items at participating Panera Bread®locations in Canada in accordance with the applicable product oerings and redemption transaction requirements set out below. 

Your Account will be automatically set to bank your Points until you have reached a total of 400 Points, which represents the amount of Points required to earn an Eligible Menu Item. If you do not wish to redeem your Points during an Eligible Transaction, you may select the option to continue to bank your Points by following the on-screen instructions within the App, Website or other means made available to you. 

Points may be redeemed for a limit of one (1) Eligible Menu Item per Eligible Transaction per person and per Account per day. Points redeemed for an Eligible Menu Item beverage may be redeemed for any size; however, the cost of modifiers (e.g., whipped topping) are not included. For Eligible Menu Items that include a modifier (e.g., whipped topping), the price of the modifier will be charged separately. 

If you choose to redeem your Points during an Eligible Transaction, and your Eligible Transaction includes an order for more than one (1) Eligible Menu Item, your Points will be applied to the highest priced Eligible Menu Item. 

Eligible Menu Items are subject to availability at participating Panera Bread® locations in Canada and do not include Excluded Items as outlined herein, and certain limited menu / speciality menu items except as explicitly permitted by Better Bread in their absolute discretion).

Limits on Points Earned 

A limit of 500,000 Points may be saved per person and per Account (the “Reward Redemption Cap”). For greater certainty, in no event will the total number of Points associated with an Account exceed 500,000 Points. If your Account reaches 500,000 Points, you will no longer earn Points upon completing an Eligible Transaction until your Points expire or are redeemed, whichever occurs first. 

Additionally, in no event will a Reward redeemed during an Eligible Transaction by a Registered Participant have a value of more than $50 CAD at any one time. 

Rewards cannot be combined with any other discounts, coupons or oers. Expiry of Points 

To the fullest extent permitted by law, Points earned by a Registered Participant will expire twelve (12) months after the calendar month in which they were earned or deemed to have been earned in accordance with the Terms. For example, Points earned February 26th, 2025 will expire on March 1, 2026. We encourage Registered Participants to visit the App or Website to review your Points earned and associated expiry date(s). Better Bread may, but is not required, to provide you notice by email, App or Website (depending on your communication preferences) at least 30 days before the expiry of Points. 

Unless otherwise required by law, Better Bread reserves the right to "unregister" and make ineligible for use in connection with the Program any Digital or Physical Card or Account that has been inactive for one (1) year without notice to you. An Account is considered inactive if no Eligible Transactions have been completed, no Points have been earned, and no Rewards have been redeemed, in connection with an Account (as determined by Better Bread in its sole and absolute discretion on the basis of its records). In the event that your Digital Card, Physical Card or Account is rendered ineligible, then all Eligible Transactions and any Rewards, Points, and / or Personalized Oers associated with the Account are revoked, nullified and voided. 

General Conditions

Your Rewards, Personalized Oers, Eligible Transactions, Digital Card and Physical Card and Account are personal to you and may not be sold, transferred or assigned to, or shared with anyone (except as specifically permitted by Better Bread), or used for any commercial purposes. You are not permitted to have more than one Account. If it is discovered that a Registered Participant is not compliant with the Terms, or any other Terms and Conditions outlined herein or adopted by reference, such Registered Participant will be disqualified from the Program and any Points, Rewards and / or Personalized Oers associated with the Registered Participant’s Account and any other aspect of the Program will be suspended, revoked, nullified or voided. 

Eligible Transactions, Digital Cards, Physical Cards, Account, Personalized Oers, Rewards, Points and any other information or activities associated with the Program are subject to verification at any time and for any reason by Better Bread in its sole discretion. Additionally, Better Bread reserves the right, at its sole discretion, to require any type of proof (including, without limitation, proof of identity) to confirm compliance with the Terms, or any other Terms and Conditions outlined herein or adopted by reference and in order to administer the Program. 

If Better Bread deems you are not complying with the letter and spirit of these Terms, or you fail to provide such proof to the complete satisfaction of the Better Bread, then you may be disqualified from the Program and any Points, Rewards and / or Personalized Oers associated with the Account and any other aspect of the Program will be suspended, revoked, nullified or voided. Better Bread reserves the right, in its sole discretion to suspend, cancel or combine any Accounts that appear to be duplicative. 

As between you and Better Bread, all Program-related Information is and remains the sole and exclusive property of Better Bread. The decisions by Better Bread regarding the Program and the Terms are final and binding on all Registered Participants without the right of appeal, including, without limitation, any decisions regarding the eligibility or disqualification from the Program and anything related to the Program. 

ANYONE DEEMED TO BE IN VIOLATION OF THESE TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF BETTER BREAD AT ANY TIME.

To the maximum extent permitted by applicable law, by participating in the Program, you hereby release Better Bread, its licensors, aliates and any other entity or person involved in the organization, administration or fulfillment of the Program and each of their respective ocers, directors, shareholders, franchisors, franchisees, employees, representatives, agents, successors and assigns (collectively, the “Released Parties”) from any loss, liability, claim, demand, damage or expense that arises in connection with your participation in the Program (including without limitation with any loss, use or misuse of Program-related Information); and agree to indemnify, defend and hold harmless the Released Parties from any loss, liability, claim, demand, damage or expense asserted by any entity or person relating in any way to your breach of any of the Terms. 

Without limiting the generality of the foregoing, the Released Parties are not responsible for and accept no liability whatsoever in relation to late, lost, misdirected, delayed, incomplete or incompatible Program-related Information, including, without limitation, any failure of a Digital or Physical Card, Account, the Website, the App or any other Program-related software, hardware or other type of system; any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; any injury or damage to a participant’s or any other person’s computer, mobile device, tablet or other device related to or resulting from participating in the Program; and/or any combination of the above. Additionally, the Program Parties are not responsible whatsoever for any lost, stolen and or damaged Cards and / or Points. 

For all Registered Participants, the Terms and all related matters shall be governed by the laws of the Province of New Brunswick, Canada and the applicable federal laws of Canada, without regard to the conflicts of laws provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of New Brunswick in relation to all disputes arising from or related to the Terms, and any related matters. 

The invalidity or unenforceability of any provision of these Terms shall not aect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in eect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.