Panda Rewards Program Terms and Conditions

LAST UPDATED: May 24, 2023

These Panda Rewards Program Terms and Conditions govern your membership in the Panda Restaurant Group, Inc. (“Panda”) Rewards Program (“Panda Rewards” or the “Program”). Panda Rewards is also subject to the Terms and Conditions for Services and Privacy Policy, incorporated herein by reference (collectively with these Panda Rewards Program Terms & Conditions, the “Terms”). Panda requires that all individuals enrolled in the Program (“Member”, “you” or “your”) agree to the Terms. If you do not agree, you should not sign up for the Program. By enrolling in the Program, you indicate your acknowledgment and acceptance of the Terms. These Panda Rewards are intended to supplement, not change, the Terms and Conditions for Services, and include disclosures about guests, instructions for updating or changing your personal information, and our communication practices with you.

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE ARBITRATION PROVISION IN SECTION 12, WHICH REQUIRES THAT MOST DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS AND WAIVE YOUR RIGHT TO A TRIAL BY JURY.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

If you have any questions about these Terms or our services, please contact us at [email protected]. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

1. Membership

Panda Rewards is available to legal residents of the United States where Panda has made the Panda Rewards available. Panda Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. All Members must be at least 13 years of age. For any legal resident of the United States who is not at least 18 years of age or older at the time of registration, a parent or guardian must review, agree, and be responsible for compliance with the Terms. Membership requires a valid email address to enroll. You may also elect to provide other information, including your birthday. No business entities, third-party aggregators, organizations, or groups may register for the Program or obtain any benefits from the Program. Individuals must enroll separately and may not pool or combine points with other Members. Panda reserves the right to limit participation at any time. A Member’s account must be in “Good Standing” in order to receive the benefits of the Program. “Good Standing” means the account is not banned, suspended or deactivated.

2. Rewards Program

Panda Rewards is a guest rewards program that allows registered Members to earn points for purchases that can be redeemed for menu items (“Rewards”), which are subject to availability at Participating Locations, please see section 2.2a. One (1) “Panda Point” is awarded for every ten cents ($0.10) spent on Qualifying Purchases (based on total after discounts, excluding applicable taxes and fees). “Qualifying Purchase(s)” is a purchase of food, beverage or in-store merchandise equal to or greater than one cent ($0.01). Panda Points are earned from Qualifying Purchases and can be applied towards the purchase of eligible food and drink once you have earned the required number of Panda Points to do so. Please see section 2.4a for purchases that are not considered Qualifying Purchases. There is no fee to join the Program. Participation in the Program is for personal use only, and may not be sold, transferred, assigned to, or shared with, family, friends or others, or used for any commercial purpose, except as otherwise provided for in these Terms. You may have only one (1) Panda Rewards account that is personal to you.

2.1. Account Identification to Receive Panda Points

(a) To receive credit for your in-store transaction, your account must be identified at the time of purchase. If ordering in-store, you will be required to provide your Member unique rewards code or your telephone number (telephone number must match with the telephone number listed in your account) at the point of checkout. Your unique rewards code or telephone number is necessary to get credit for any Panda Points you may be entitled to.

(b) If you order on the Panda Express website or via the Panda Express mobile application, you must be logged into your Member account in order to receive Panda Points.

(c) In the event you have forgotten to identify yourself as a Member while making a Qualifying Purchase, you may claim Panda Points by entering the unique rewards code into your account. This can be done online at PandaExpress.com, or via the Panda Express mobile application. ALL CLAIMS FOR PANDA POINTS AFTER PURCHASE MUST BE SUBMITTED TO PANDA WITHIN SEVEN (7) DAYS OF THE PURCHASE DATE.

2.2. Panda Points

(a) Panda Points are earned at participating Panda Express locations (“Participating Locations”). Participating Locations currently exclude Panda Express locations in hospitals, airports, sports arenas, or similar locations. Be sure to check that a location is participating prior to making an order. Panda Points are earned for a Qualifying Purchase, transaction, or activity. In some cases, it may take twenty-four (24) hours or more for Panda Points to be credited to a Member’s account. Panda may modify the number of Panda Points needed to earn any Reward (as defined below) and will communicate that change to all Members prior to its implementation. Panda Points earned on orders placed for a future time/date will remain in a pending state until the order has been completed. Panda Points for any single Qualifying Purchase or activity may only be credited to the Member account associated with the Qualifying Purchase or activity.

(b) Panda shall not be responsible for any losses, costs or expenses incurred by a delay or error in crediting Panda Points. Panda Points are purely promotional and have no cash value and are not redeemable toward cash, gift certificates or gift cards. All Panda Points in a Member’s account expire after one (1) year (365 days) if there has been no Qualifying Purchase associated with the Member’s account.

(c) All Panda Points in a Member’s account expire upon termination, deactivation or closure of the account. Panda reserves the right to adjust point earning and redemption values at any time. Panda reserves the right to terminate, deactivate or close a Member’s account that has been inactive for 24 consecutive months without notice to Member, unless otherwise required by law. A Member’s account is considered inactive if no Qualifying Purchase or Panda Points have been earned in connection with such Member’s account (as determined by Panda in its sole and absolute discretion on the basis of its records). In the event that your account is terminated, deactivated or closed, then all Panda Points, any Rewards or other benefits associated with the Member’s account will be cancelled and deactivated.

(d) Panda Points are only earned when using a gift card, not on the purchase of, unless there is a promotion to earn Panda Points for gift card purchases.

(e) Canceling or voiding Qualifying Purchases will deduct any earned Panda Points for that Qualifying Purchase.

(f) From time to time, we may offer Members opportunities to earn extra Panda Points, “Bonus Panda Points,” through special promotions. These promotional Bonus Panda Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer.

2.3. Panda Points Calculation

Panda Points earned on Qualifying Purchases will be rounded up to the nearest whole number.

Example: A Qualifying Purchase of $6.41 will earn 65 Panda Points. $6.41 x 10 Panda Points per dollar = 64.10 Panda Points; rounded to the nearest whole number for a total of 65 Panda Points earned.

2.4. Panda Point Restrictions

There are certain restrictions and limitations on Panda Points.

(a) Items not eligible for earning Panda Points include:

Tax, Tip, Delivery Fees, Service Fees;
Donations;
Alcohol;
Gift Card Purchases (unless through a special promotion);
Purchases made in the online Panda Swag Shop; and
Purchases made through third party platforms (e.g., Door Dash, Postmates, GrubHub, etc.).

(b) Free premium upgrades, unless otherwise stated, will only apply to one (1) small entree and cannot be used on Family Meals or bundles.

(c) Good Fortune Gifts (as described below) expire at midnight Hawaii Standard Time HST on the date as stated on the Good Fortune Gift.

(d) Panda Points, Rewards, Offers and Member Benefits may not be gifted, purchased, sold, bartered, brokered or otherwise transferred. However, the Program may allow a Member to donate or gift Panda Points and/or Rewards in certain limited instances. All such instances may be subject to additional terms set forth at the time of offering.

(e) Attempts to redeem single-use offers and verification codes for Rewards multiple times or through multiple users constitute fraud and may result in the suspension or deactivation of your account.

3. Redeeming Panda Points

3.1. Rewards Generally

(a) Panda Points can be converted to Rewards in the Panda Express Rewards Shop (the “Rewards Shop”). The Rewards Shop may include, but is not limited to, additional entree upgrades, premium upgrades, free menu items and donations to the Panda Cares Foundation. Not all Panda Express locations have the ability to earn Panda Points or redeem Rewards. Panda Points can be earned, and Rewards can be redeemed at Participating Locations only. Panda Points and Rewards are not transferable and have no cash value. If Panda Points are used to unlock Rewards and the Rewards remain unused for a period of 2 hours, then the Reward will be cancelled, and the Panda Points used to unlock such Rewards will revert back to the Member’s account.

(b) Taxes are not charged on the dollar value of the Reward when redeemed by the Member. Taxes are only charged on the subtotal (after discount).

(d) Multiple Rewards cannot be combined. Only one (1) coupon, promotion, Birthday Gift, Good Fortune Gift, Offer, or Reward can be used in any single order, unless otherwise specified.

3.2. Pick Your Birthday Gift Reward

(a) The Birthday Gift may require a purchase and may incur additional charges if a premium item is selected.

(b) Members are eligible for a Pick Your Birthday Gift Reward (“Birthday Gift”) provided: the Member has added their birthdate to their profile; and are in Good Standing. A Birthday Gift will be presented within the month of the qualifying Member’s birthday, as indicated within their profile. A Birthday Reward will only be rewarded to Members that meet the qualification criteria once every 365 days.

(d) To redeem the Birthday Gift: a Member must have their selected Birthday Gift in their digital order basket or included in their register transaction at checkout in-store. If more than one (1) of the Birthday Gift options is in the cart or order, the greater value of the options will apply to the purchase.

(e) Panda reserves the right to alter, change or terminate the Birthday Gift at any time.

(f) Birthday Gifts expire on the date as stated on the Birthday Gift.

4. Additional Member Benefits

4.1. Good Fortune Gift

(a) A Good Fortune Gift may require a purchase and may incur additional charges if a premium item is selected.

(b) For Members in Good Standing, the first Qualifying Purchase of the month activates a Good Fortune Gift. Members must agree to be notified by email and/or push notifications to qualify to receive Good Fortune Gift.

(c) Good Fortune Gifts expire at midnight Hawaii Standard Time HST on the date as stated on the Good Fortune Gift. Please review Good Fortune Gifts carefully as they will have varying expiration dates. A Member may become eligible for their next Good Fortune Gift: (i) on the first day of the month; (ii) after making a Qualifying Purchase; and (iii) provided that the Member is in Good Standing. Panda reserves the right to discontinue Good Fortune Gifts and/or change the cadence of offers at any time.

4.2. Offers

(a) From time to time, Panda will send special offers to Members (“Offers”) provided that Members agree to receive email and/or push notifications. Offers may be customized by Member. Please review the Offers carefully as they will have varying expiration dates. Some Offers may need to be activated in order to be added to the Member’s account. In order to receive email or push notifications of Offers, Members must have opted into email or push notifications and the account must be in Good Standing.

(b) In some cases, Members qualify to receive a digital sample with online orders. A “digital sample” is a free sample of a menu item that may be included in your order. Digital samples are offered at checkout at participating restaurants (while supplies last). Selection of digital samples may vary depending on inventory availability. Panda does not guarantee the availability or frequency of this type of Offer.

5. Rewards, Gifts and Offer Restrictions

Only one (1) coupon, promotion, Reward, Welcome Gift, Good Fortune Gift, Birthday Gift or Offer can be applied to any order, unless otherwise specified.

6. Authorization to Collect Information and Permission to Market to Members

By enrolling in the Program, you acknowledge and agree (i) that you may be asked to provide personal information about yourself, including but not limited to, your name, address, zip code, email address, phone number, date of birth, and menu preferences, (ii) that the information you provide will be used by Panda, its subsidiaries, affiliates and third party partners as necessary to operate the Program and provide you the benefits and Rewards described herein, and (iii) that we may use your personal information to send you marketing information, which may include, but not be limited to, marketing emails, text messages (if you affirmatively opt-in), push notifications (unless your push notifications are turned off), direct mail pieces, and special communications about upcoming offers or promotions that we feel may be of interest to you. For text messages, consent is not required to participate in the Program or to make a purchase. If you opt-in to receive marketing text messages from Panda, you understand that recurring marketing text messages will be sent from Panda via an autodialer to your mobile number. Message and data rates apply.

7. Opting Out of Marketing

7.1. Members will be enrolled to receive marketing material from Panda as part of the enrollment process. You may opt out of receiving Panda Rewards promotional mail, emails, or modify the push notifications settings at any time by: (a) using the unsubscribe link in the message (where such message is via an online channel such as email); or (b) making changes to your communications preferences in our mobile application or website (at www.PandaExpress.com/login). If you have opted in to receive Panda Rewards marketing via text message, you can opt-out at any time by replying “STOP” to any message. Please be sure to include your current information and the requested changes you would like us to make to your marketing profile in your communication. You may also cancel or modify the text or email marketing communications you receive from us by following the instructions contained within our promotional emails or texts. Push notifications may be turned off in the Settings of your mobile phone.

7.2. You can opt out of marketing materials and still participate in the Program, however, please understand that you will not receive all the great offers the Program offers.

7.3. Allow ten (10) business days to process your email request and 6-8 weeks to process your postal mail request, during which period you may continue to receive communications from Panda. We will retain your information for legitimate business purposes or as required by law.

8. Updating Member Information

You may update and/or correct your Member information via our mobile application or membership portal at www.PandaExpress.com/member. Your Member information must be correct in order to receive the benefits and Rewards of the Program. Emails and phone numbers are unique, and Panda may require you to verify the information.

9. Cancellation By Member

You may cancel your membership at any time by notifying us online at www.pandaexpress.com/contact-us or by postal mail to Panda Restaurant Group, Attn: Guest Care, PO Box 1159, Rosemead, CA 91770. Cancellation may take up to four (4) weeks to process. Any Member account which has been inactive (where no Qualifying Purchases have been made or Panda Points have been earned, as determined by Panda in its sole and absolute discretion on the basis of its records) for 24 consecutive months may automatically be canceled without notice to you, unless otherwise required by law. Upon cancellation, all membership Panda Points, Rewards, Gifts, and benefits will be cancelled and deactivated.

10. Abuse of the Program

We may invalidate or void Panda Points from your account, or terminate and/or suspend your account and right to participate in the Program, in the event we determine (using any evidence or other information made available to or otherwise discovered by Panda), in our sole and absolute discretion, that: (i) you are ineligible to participate pursuant to the Panda Rewards, (ii) you have violated any terms or conditions of the Program or any applicable laws, (iii) you have used someone else’s transactions to earn Panda Points on your personal account; (iv) you used multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to register for or otherwise participate in, or to disrupt, the Rewards Program, or (v) you committed any other fraud, abuse or circumvention of the Program and its policies and procedures. If we terminate and/or suspend your account, we reserve the right to void any Rewards not already issued. If your Panda Points are forfeited for any reason, we will not reinstate the Panda Points to your account.

11. Disclaimer of Representations and Warranties

THE PROGRAM, AND ANY ONLINE ACCOUNT MANAGEMENT SYSTEM OR APPLICATION RELATED TO THE PROGRAM, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED IN PANDA REWARDS OR IN ADDITIONAL TERMS PROVIDED BY PANDA, PANDA HEREBY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

12. Dispute Resolution, Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND PANDA CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND PANDA TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.

12.1. Agreement to Arbitrate

You and Panda mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from an impartial dispute resolution procedure of using binding arbitration for any “Covered Claims” (as defined below) that arise between you and Panda, and/or any current or former employee, officer, or director of Panda sued for acts or omissions taken in the capacity of Panda’s agent, representative or employee. You and Panda agree that this Arbitration and Class Action Waiver is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms terminate. Any revision to or termination of these Terms that modify or terminate this Arbitration and Class Action Waiver shall not apply to an arbitration pending at the time of the revision, except as may be required by applicable law.

12.2. Claims Subject to Arbitration

Other than the exceptions in the “Excluded Claims” Section below, the “Covered Claims” include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Site to the fullest extent allowed by law, including but not limited to such controversies, disputes, disagreements, and claims that pre-date your agreement to these Terms.

12.3. Excluded Claims

(a) The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as “Excluded Claims”: (a) any claims that cannot be required to be arbitrated as a matter of California law subject to federal preemption (including claims or charges that must be filed with a governmental administrative agency); (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court’s jurisdiction.

(b) In the event you or Panda choose to pursue arbitration of both Covered Claims and Excluded Claims and the other party objects, the Covered Claims must be arbitrated. In no event will Covered Claims be joined with Excluded Claims and litigated in court unless both parties agree to waive arbitration.

12.4. Class Action Waiver and Jury Waiver

You and Panda agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial (“Jury Trial Waiver”). This Jury Trial Waiver shall not apply, and shall be severed from this Agreement, if it is not permissible under applicable laws or otherwise found to be unenforceable, including presently California.

12.5. Arbitrability Determinations

If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Arbitration and Class Action Waiver. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver, including the Class Action Waiver.

12.6. Arbitration Rules, Procedures, and Costs

For any Covered Claim that you have against Panda, or Panda has against you, the claiming party may, voluntarily and at its election, contact the other party and attempt to resolve the claim informally by sending a written notice of the claim (“Notice”). If such Notice is being sent to Panda, it shall be sent by email to [email protected] or by certified mail addressed to:

Attn: Corporate Legal Team
Panda Restaurant Group, Inc.
1683 Walnut Grove Avenue
Rosemead, CA 91770

If the Notice is being sent to a party other than Panda, it shall be sent to the last known (by the claiming party) email or street address of the other party. The Notice should: (a) include the claiming party’s name, residence address, email address, and telephone number; (b) describe the nature and basis of the Covered Claim; and (c) set forth the specific relief sought. Each party agrees to attempt in good faith to resolve the dispute. If you and Panda cannot reach an agreement to resolve the Covered Claim, then the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first-class mail to the address above. You and Panda agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by AAA. The arbitration shall be held at a location determined by AAA under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Panda. Except to the extent that they are modified by the rules below, if you are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand will apply.

(a)The parties agree that the applicable AAA rules are modified as follows:

Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under California law.
No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible, without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s).
Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
The Federal Rules of Evidence shall apply to all arbitration proceedings.
For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not: (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims; or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.
The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis, therefore.
The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
If you initiate arbitration, you will pay the first $250, and Panda will pay all other filing, administrative, or hearing fees. If Panda initiates arbitration, Panda will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, you will remain responsible for your attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that you may recover a certain amount of attorneys’ fees and costs.
A party may make an offer of judgment in a manner consistent with, and within the time limitations, consequences, and effects provided in Rule 68 of the Federal Rules of Civil Procedure. The offer shall be served on the offeree in the same manner in which other papers are served in the arbitral proceeding. The offer shall not be served on the arbitrator, except if the offer is accepted, either party may then file with the arbitrator the offer and notice of acceptance together with proof of service thereof. The arbitrator shall then immediately render an award as provided by the offer, and the arbitration proceedings shall then be terminated. If the offer is not accepted, the offer shall not be used as evidence in the arbitration proceedings and, following the issuance of the arbitrator’s award, the offeror may file a motion for costs with the arbitrator, who shall retain jurisdiction to decide the motion and award costs to the offeror as warranted.

12.7. Mass Arbitration (inapplicable in California and in any other jurisdiction where this term is prohibited by law).

A “Mass Arbitration” shall be defined as any one of the following: (i) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 30 or more Covered Claims within a thirty-day period; (ii) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 50 or more Covered Claims within a sixty-day period; (iii) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 30 or more persons who file a Covered Claim within a thirty-day period; or (iv) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 50 or more persons who file a Covered Claim within a sixty-day period. In the event of a Mass Arbitration, notwithstanding anything to the contrary in Section 12.6(a)(xii) above, Panda shall: (i) not be required to advance or pay arbitration costs for any arbitration; and (ii) may be awarded its reasonable attorney fees, expert fees, and costs if it prevails (without having to show that your claim was frivolous or in bad faith) provided that such recovery is authorized under applicable law. The immediately preceding sentence shall apply only to those arbitrations that are filed once the definition of Mass Arbitration is met. Thus, by way of example, if the same law firm files 35 Covered Claims within a thirty-day period, the first 29 Covered Claims shall be governed by subpart Section 12.6(a)(xii) and the last six Covered Claims (i.e., arbitration numbers 30 through 35) shall be governed by this Section 12.7. Once a law firm or lawyer is deemed part of a Mass Arbitration, all Covered Claims he/she/it files, assists in filing, or causes to be filed shall be governed by this Section 12.7 unless and until the law firm or lawyer does not file, assists in filing, or causes to be filed any Covered Claims for a period of one year. This Section 12.7 is inapplicable in California and in any other jurisdiction where this term is prohibited by law.

12.8. Severability

If any term or condition in this Arbitration and Class Action Waiver is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Arbitration and Class Action Waiver shall not be affected.

13. Right to Change/Modify/Cancel

Panda reserves the right in its sole discretion to amend, modify, limit, restrict and/or terminate the Program or any aspects or features of the Program at any time without prior notice to Members. Any changes Panda makes will be effective immediately on notice, which we may give either by posting the new terms on www.PandaExpress.com or via e-mail. Your participation in the Program after such notice will be deemed acceptance of such changes. You should review these Terms periodically to ensure familiarity with the most current version. You will always be able to tell when the version was last updated by checking the "Last Updated" date at the top of these Terms. All questions or disputes regarding the Program, including without limitation, those involving eligibility, participation, fraud and abuse will be resolved by Panda.

14. General

You are responsible for any personal tax liability related to participating in the Program. The Program is void where prohibited by federal, state or local law. We reserve the right to approve, deny or revoke participation in the Program to any individual for any reason whatsoever. We have no other obligation with respect to the Program beyond those described in the Panda Rewards.

15. Customer Service

For questions or assistance regarding the Program, please contact us online at www.pandaexpress.com/contact-us, or by postal mail to Panda Restaurant Group, Inc., Attn: Guest Care, PO Box 1159, Rosemead, CA 91770.

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