Sweepstakes Rules

NO PURCHASE NECESSARY.

A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

VOID WHERE PROHIBITED BY LAW.

 

Please read these Official Rules (these “Rules”) for The Coolest Most Give-Backiest Sweepstakes Ever (the “Sweepstakes”) sponsored and administered by This Bar Saves Lives, LLC (the “Sponsor”).  By participating in the Sweepstakes, you (i) represent that you satisfy all of the eligibility requirements set forth below, and (ii) agree to be bound by these Rules and by the interpretations of these Rules by the Sponsor, in its sole and absolute discretion, which interpretations are final and binding in all matters relating to the Sweepstakes.

 

THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK OR TWITTER.

 

Entry Period:  The dates and times of entry and the date the Winners (as defined below) will be selected for the Sweepstakes are set forth below.

 

Entry Period:

Start:  8:00 a.m. (Pacific Time) on April 18, 2016

End:  11:59 p.m. (Pacific Time) on April 25, 2016

 

Selection Date:

12:01 p.m. (Pacific Time) on April 26, 2016

 

Eligibility:  The Sweepstakes is open only to natural persons who have reached the legal age of majority where they reside as of April 11, 2016 and are legal residents of the United States or the District of Columbia.  Employees, directors, and officers of the Sponsor, and each of its affiliates, subsidiaries, advertising or promotional agencies, and any of their immediate family members and/or those living in the same household, are not eligible to participate in the Sweepstakes.  An “Eligible Entry” is an entry submitted by a person that complies with (a) the eligibility requirements set forth in this paragraph, (b) all other terms and conditions of these Rules, and (c) all applicable usage rules for Facebook and/or Twitter, as applicable.

 

How to Enter:  You may enter the Sweepstakes during the Entry Period by visiting the Sweepstakes center at www.thisbarsaveslives.com and providing your full name and a valid email address (a “Submission”).  After completing your Submission, you will be given the opportunity to earn additional entry if you share your Submission on Facebook (which will earn you one additional entry) and Twitter (which will also earn you one additional entry).  All Submissions must not contain any unlawful, hateful, objectionable, harmful, threatening, discriminatory, abusive, harassing, offensive, libelous, defamatory, slanderous, immoral, pornographic, indecent, or obscene material, or material that is otherwise illegal, fraudulent or objectionable, or that advocates or describes any illegal activity.  All Submissions must be received by the Sponsor no later than the end of the Entry Period.  All Submissions received after April 18, 2016 will be ineligible for participation in the Sweepstakes.  If the Sponsor does not receive a Submission for any reason or if a Submission is not submitted correctly, such Submission will be invalid and will be ineligible to receive the Prize.  All Submissions become the property of the Sponsor.

 

Please note that you may opt out of Sponsor’s marketing emails by clicking on the “Unsubscribe” link contained in any promotional email or contact us at social@thisbarsaveslives.com (and put “Unsubscribe” or “Opt Out” in the subject line).

Each person is limited to one entry during the Entry Period, one additional entry by sharing their original entry via Facebook, and one additional entry by sharing their original entry via Twitter (for a total of three entries maximum).

 

Please see Sponsor’s Privacy Statement (located at the www.thisbarsaveslives.com) for details of Sponsor’s use of personal information collected in connection with the Sweepstakes.  These Rules govern any conflict, however, between the terms of such Privacy Statement and these Rules. Any failure to comply with these terms may result in automatic disqualification from the Sweepstakes.

 

Costs associated with entering the Sweepstakes (if any) are your responsibility.  Please note that there is no charge for requiring entry in this manner, as free Internet access is available at many public libraries and similar locations.

 

Warranties and Consents:  By entering the Sweepstakes, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Rules and any applicable policies or procedures posted by Facebook and/or Twitter, as applicable, (ii) based on these Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including, without limitation, rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by the Sponsor and its affiliates for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; (c) agree to be bound by the interpretations of these Rules by the Sponsor, in its sole and absolute discretion, which are final and binding in all matters relating to the Sweepstakes; and (d) acknowledge that the Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook and/or Twitter, as applicable.

 

Selection of Winner:  On each Selection Date, one (1) winner (each, a “Winner”) will be selected to receive a Prize by selecting at random from the pool of Eligible Entries.  If the Winner cannot be contacted, fails to return the required documents in the required time as provided herein, refuses or is unable to accept the Prize, or is otherwise in violation of these Rules, the Sponsor shall select another Winner by selecting at random from the pool of remaining Finalists.

 

Prize; Approximate Retail Value of Prize; Odds of Winning:  The Prizes awarded to the Winner shall be one of the following:  (a) Two bottles of “S’well” (ARV of $25 each); (b) an “Out of Print” sweatshirt (ARV of $42), mug (ARV of $12) and $50 gift card (ARV of $50); (c) two “Giving Keys” necklaces (ARV of $39 each); (d) a two-pound bag of “Sevenly” coffee (ARV of $29); (e) a This Bar Saves Lives bag (ARV of $28) and four boxes of granola bars (ARV of $25 each); and (f) two “Soul Pancake” books (ARV of $24 each) and one shirt (ARV of $20).  The approximate retail value of all Prizes awarded in the Sweepstakes is $456.

 

The odds of being selected as a Winner depend on the number of Eligible Entries received.  The Prize must be accepted as awarded and no substitution, transfer, conversion or assignment of any Prize is allowed.  The Prize is not redeemable for cash.  In the event of unavailability of any Prize, the Sponsor may substitute an alternative prize of equal or greater value.

 

THE PRIZE WILL BE PROVIDED BY THE SPONSOR TO THE WINNER “AS IS.”  THE SPONSOR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRIZE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

 

Notification of Winner; Verification:  The Sponsor will notify the Winner via email.  Within two (2) days of the Sponsor sending such notification, the Winner must notify the Sponsor that he/she has accepted the Prize.  The Sponsor is not responsible or liable in any manner for late, lost, misdirected or unsuccessful efforts to notify the Winner.  The Prize will be awarded only if the Sponsor has verified that the Winner has complied with these Rules and, if so required by the Sponsor, completed, signed and returned to the Sponsor an Affidavit and Release Form (the “Affidavit”).  If such person fails to promptly complete, sign and return the Affidavit to the Sponsor, the Sponsor reserves the right to void such person’s entry and select another Winner.  By accepting any Prize, or by completing, signing and returning the Affidavit, you (i) confirm your compliance with these Rules, (ii) release and forever discharge the Sponsor and each of its respective managers, members, officers, employees, affiliates and subsidiaries, and each of their respective advertising and promotional agencies, from all claims, demands, damages, actions and causes of action arising by reason of the acceptance or use of the Prize, and (iii) except as limited by law, give permission to the Sponsor, at its option, to publish or otherwise use your name, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or its advertising agencies.

 

Taxes:  All federal, state and local taxes are the sole responsibility of the Winner.  Consult with your tax professional regarding potential tax implications.

 

Indemnification:  By participating in the Sweepstakes and, if the Winner, by accepting the Prize, you agree to release, indemnify, defend and hold harmless the Sponsor, Facebook, Twitter, and each of their respective parent companies, subsidiaries, affiliates, related companies, licensees, assigns, promotional partners and the respective officers, directors, managers, members, employees, agents, successors, licensees and assigns of each of the foregoing from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including, without limitation, any property damage, personal injury and/or death) arising out of or in connection with your participation in the Sweepstakes, including, without limitation, acceptance, use or misuse of the Prize.

 

Arbitration; Waiver of Certain Damages:  As a condition of participating in the Sweepstakes, you agree that: (i) under no circumstances will you be permitted to obtain an award for, and you hereby waive all rights to claim, punitive, incidental, consequential or any other indirect damages; (ii) all causes of action arising out of or connected with the Sweepstakes or the Prize shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in Los Angeles, California; and (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event shall any claim, judgment or award include attorneys’ fees or any equitable or injunctive relief.  Disputes arising out of the Sweepstakes will be determined according to the laws of the State of California without reference to its or any other jurisdiction’s conflicts of laws principles.  Any provision of these Rules deemed unenforceable will be enforced to the fullest extent permissible, and the remainder of these Rules will remain in effect.

 

Limitation of Liability:  The Winner acknowledges and agrees that the Sponsor, and each of its respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and each of their officers, directors, managers, members, employees, representatives and agents will have no liability whatsoever, and shall be held harmless by the Winner for any injuries, claims, losses or damages of any kind to any person, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a Prize.

 

DISCLAIMER OF WARRANTIES:  THE SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE” BASIS.  THE SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT.  THE SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

 

General Terms:  The Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the entries in the Sweepstakes.  The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or servers on account of technical problems or traffic congestion on the Internet or any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled entries or failure to receive entries, including, without limitation, any injury or damage to your or any other person’s computer related to or resulting from any attempt to participate in the Sweepstakes or to download materials or software related to the Sweepstakes.  The Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Prize and/or the Winner.  If, for any reason, the Sweepstakes is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, acts of war or terrorism, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, or for any reason the Sponsor deems it necessary, the Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Sweepstakes.  No software-generated, robotic, programmed, script, macro or other online or text message entries are permitted.  The Sponsor reserves the right in its sole and absolute discretion to disqualify any person from the Sweepstakes if the Sponsor suspects or finds that such person: (i) has used a software-generated, robotic, programmed, script, macro or other automated online or text message entry; (ii) has tampered with the entry process or the operation of the Sweepstakes; (iii) is acting or has acted in violation of these Rules; (iv) is acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) has provided inaccurate information on any document submitted in connection with the Sweepstakes.

 

ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Use of Data:  The Sponsor and/or its affiliates may collect personal data about you, including, without limitation, your email address.  By participating in the Sweepstakes, except as limited by law, you hereby agree to the collection and usage of your personal information by the Sponsor and/or its affiliates as set forth herein.

 

Severability; Headings:  If any provision of these Rules is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Rules and shall not affect the validity or enforceability of any remaining provision hereof.  Headings and captions are used in these Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Rules or any provision hereof.

 

Sponsor; Administrator:  This Bar Saves Lives, LLC is the Sponsor and the Administrator of the Sweepstakes and its address is 11520 W Washington Blvd., Culver City, California 90066. Requests for a copy of these Rules or a list of winners of the Sweepstakes must be sent in writing to the Sponsor in a self-addressed stamped envelope.  Such requests must identify the name of the Sweepstakes as set forth above.  Requests for a list of winners must be sent within sixty (60) days following the end of the Sweepstakes.

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Contact Us

For all wholesale inquiries email us at wholesale@thisbarsaveslives.com. Have other questions, comments, or winning lotto numbers you wanna share with us? We'd love to hear from you! Fill out the form or hit us up at hello@thisbarsaveslives.com

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This Bar Saves Lives, LLC
Terms of Service

Your use of the This Bar Saves Lives, LLC (“TBSL”) web site (the “Site”) is subject to these Terms of Use. Use of the Site, registering on the Site, as a retailer or otherwise, or executing a transaction on the Site each constitutes acceptance of these Terms of Use. From time to time, we may change, move, delete or add to the Site. In addition, we may amend these Terms of Use at any time by posting a revised version on the Site.

Use of the Site

We hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of browsing and shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance, according to the terms and conditions stated herein. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice.

By registering as a retailer or otherwise using the Site:

You represent that you are of legal age to form a binding contract and of legal working age, and are not a person barred from using the Site under the laws of the United States or any other applicable law. If you are using the Site on behalf of your employer or any other party, you represent that you are authorized to do so.

You agree that if you register on the Site, you will (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete.

Third Party Access to Information

We may share your personal information with service providers acting on our behalf who are contractually bound to keep such information confidential. For example, logistics services may use your personal information in order to complete a delivery to you. In addition, we may use or disclose your personal information in the good faith belief that we are lawfully required to do so, or that doing so is reasonably necessary to protect you, to comply with legal process or the instructions of legal authorities, to respond to any claims, to enforce our legal rights, or to protect the rights, property or personal safety of ourselves, our employees, you or members of the public. We do not sell or otherwise provide your personal information to any third party except as set forth herein.

Retailer Accounts; Security

Certain portions of the Site are available only to Retailers. If you become a Retailer, you will receive a password and account designation upon completion of the registration process by TBSL. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage to you or anyone else arising from your failure to comply with this rule.

Your Conduct on the Site

You agree to abide by the following rules when using the Site: You may not use the Site in such a manner as to violate any applicable law, rule or regulation.

You may not use the Site or any of our hardware, software or equipment for the purpose of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to us or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure or virus dissemination.

You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without our express prior written permission.

Products and Information on the Site

Products posted on the Site may have limited availability and are subject to supply. Descriptions, specifications, and pricing are subject to change at any time and without notice. Prices displayed on the Site are quoted in U.S. Dollars.

We use reasonable efforts to ensure that information we provide on the Site will be accurate, but we do not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to the Site. Further, although we may choose to do so, we are under no obligation to record or retain any material on or associated with the Site.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we reserve the right to refuse or cancel any orders placed for said product, whether or not such order has been confirmed and your credit card charged. If your credit card has already been charged for a cancelled order, we will immediately issue a credit to your credit card account in the amount of the charge.

Nutrition, Fitness and Well Being Information

Certain content presented on the Site may discuss general wellness information. Such content is not intended to be construed as or be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with the Site. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on the Site or any content therein. Using the Site is solely at your own risk.

International Access

The Site is accessible from countries other than the United States; however, it may contain products or product references that are not available internationally. Any such references do not imply that such products will be made available outside the United States. You are responsible for complying with your local laws and regulations when accessing the Site internationally.

Risk of Loss

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale.

Third Party Web Sites

The Site may contain links to other third party web sites. We have no control over, and accept no liability, obligation or responsibility for, the contents or performance of such other web sites. Any such links do not necessarily constitute an endorsement of, or any representation regarding, the linked web site, its content, its owner, its performance or its owner’s products or services.

Ownership

All materials on the Site that are created or provided by us, including text, graphics, logos, icons and images, are the property of TBSL or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on the Site is the exclusive property of TBSL and is also protected by United States and foreign intellectual property laws. You may download, view, copy and print the materials on the Site for personal or internal business use only; provided, that you do not remove or alter any trademark, service mark or logo, or any copyright or other intellectual property notice.

Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit or modify any material, or portion thereof, located on the Site, or resell access to the Site, in any form or by any means without the prior written consent of TBSL. You may not use the Site materials in connection with any product or service in any way that is likely to cause confusion, and you may not use the Site materials in any manner that disparages or discredits TBSL.

Unauthorized use of any material on the Site may violate copyright law, trademark law and/or other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are hereby reserved. [This Bar Saves Lives is the trademark of TBSL]. The other trademarks, service marks and logos used on the Site are trademarks of TBSL or others.

We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SITE AND THE INFORMATION ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TBSL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TBSL MAKES NO WARRANTY (a) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (b) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES, TROJAN HORSES OR OTHER MALICIOUS CODE, (c) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (d) THAT ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED, or (e) WITH RESPECT TO ANY PRODUCT OR SERVICE AVAILABLE THROUGH OR ADVERTISED ON THE SITE.

No information or advice obtained through the Site shall constitute a warranty.

Your use of any material distributed, downloaded or accessed from the Site is at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data or loss due to your downloading or reliance upon any such material. TBSL assumes no responsibility, and will not be liable for, any damages to your computer equipment, software or other property as a result of your downloading, viewing or otherwise using the Site or any material found on the Site, or any other web site to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site. We do not provide refunds for fees paid to us for any reason.

IN NO EVENT SHALL TBSL’S LIABILITY ARISING IN CONNECTION WITH OR UNDER THESE TERMS OF USE OR ANY USE OF THE SITE EXCEED $100. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL TBSL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, (a) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON TBSL IN CONNECTION WITH THESE TERMS OF USE, (b) THE USE OF OR INABILITY TO USE THE SITE, (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ELSEWHERE, OR YOUR RELIANCE ON THE SAME. For the sake of clarity, “consequential damages” shall include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you.

TBSL shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond our reasonable control, including, but not limited to, mechanical, electronic or communication failure or degradation.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Termination

We reserve the right to modify any features of the Site at any time without advance notice. In the event either you or TBSL terminates the agreement under these Terms of Use for any reason, you remain liable for any fees incurred before such termination is effective.

TBSL MAY, IN ITS SOLE DISCRETION, TERMINATE OR SUSPEND ACCESS TO ALL OR PART OF THIS SITE (a) FOR RETAILERS AND OTHER USERS, FOR ANY REASON, INCLUDING FAILURE TO COMPLY WITH THESE TERMS OF USE, OR (b) FOR ANYONE, IN ORDER TO PREVENT OR MITIGATE HARM TO THE PERSON OR PROPERTY OF YOU, OTHER RETAILERS OR USERS OF THE SITE, OURSELVES, OR THIRD PARTIES, OR AS REQUIRED BY LAW.

Indemnity

You agree to indemnify, defend and hold harmless TBSL, its affiliates, successors, advisors and licensors, and each of their respective directors, officers, managers, members, shareholders, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or the failure to fulfill any obligation relating to your account incurred by you or any other person using your account, or for any third party claims arising as a result of your use of the Site or reliance upon any information found on the Site. TBSL reserves the right to take over the exclusive defense of any claim for which TBSL is entitled to indemnification under this section. In such event, you shall provide TBSL with such cooperation as is reasonably requested by TBSL.

Equitable Relief

You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure and, therefore, upon any such breach or threat of such breach, TBSL shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies TBSL may have at law, under these Terms of Use or otherwise.

Governing Law

These Terms of Use shall be governed by and construed under the laws of the State of California without regard to its or any other jurisdiction’s conflicts of laws principles. Except as set forth in the “Equitable Relief” section above, the sole jurisdiction and venue of any action related to these Terms of Use shall be the California state courts and the United States federal courts in Los Angeles County, California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such courts.

Privacy Policy

Please review our Privacy Policy, which also governs your use of the Site, to understand our practices.

General Provisions

All the terms of these Terms of Use shall apply to and bind your assignees and successors in interest. The waiver by us of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions and portions shall not be affected. The section headings are used for convenience only and shall not affect the construction or interpretation of these Terms of Use.

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This Bar Saves Lives, LLC
Privacy Policy

We understand and respect your privacy concerns. Accordingly, we provide this Privacy Policy to explain how This Bar Saves Lives, LLC (“we” or “us”) collects and uses the personal information you provide to us while accessing our web site (the “Site”). This Privacy Policy also sets forth (i) the measures we take to secure your personal information and (ii) the options you have regarding the use and disclosure of your personal information on the Site. By using the Site, you accept and agree to the terms of this Privacy Policy.

Collection of Information

We collect personal information about you that you provide to us in the following ways:

We also collect non-personal information about your use of the Site through the use of cookies and web beacons. Cookies are small data files that are stored on the hard drive of the computer you use to view a web site. Every computer that accesses the Site may be assigned a unique cookie by us. Web Beacons are graphic image files imbedded in a web page typically used to monitor activity on a web page and send back to its home server (which can belong to the host site, a network advertiser or some other third party) information from your browser, such as the IP address, the URL of the page on which the web beacon is located, the type of browser that is accessing the site and the ID number of any cookies on your computer previously placed by that server.

Use of Information

The information we collect on the Site is used to provide you with a personal and efficient experience while you access the Site. This allows us to streamline your experience to: Make the Site easier to use by filling in previously entered information so that you don’t have to enter the same information multiple times. Introduce you to new content, including new products, features and promotions.

We may also use your purchasing information to generate aggregate reports to help determine how to improve your experience on the Site. This data is anonymous and is used for internal purposes only. We also use personal information obtained from you to communicate with you via email to inform you of promotions, reviews and surveys, and to confirm membership enrollment and purchases made on the Site.

Third Party Access to Information

We may share your personal information with service providers acting on our behalf who are contractually bound to keep such information confidential. For example, logistics services may use your personal information in order to complete a delivery to you. In addition, we may use or disclose your personal information in the good faith belief that we are lawfully required to do so, or that doing so is reasonably necessary to protect you, to comply with legal process or the instructions of legal authorities, to respond to any claims, to enforce our legal rights, or to protect the rights, property or personal safety of ourselves, our employees, you or members of the public. We do not sell or otherwise provide your personal information to any third party except as set forth herein.

Security Measures

We use reasonable security measures in order to protect against the loss, misuse and alteration of any information under our control. All orders made on the Site are transmitted over secure internet connections using Secure Sockets Layer (SSL) encryption technology. We rely on third party providers to physically secure the computer hardware on which your personal information is stored. Only those employees who need access to your personal information in order to perform a function listed herein will have access to such information. The security of your information is of the utmost importance to us, and customary industry safeguards are utilized to ensure such security. However, complete security cannot be guaranteed.

Choices You Have Regarding Your Personal Information

There are several options available to you if you do not want your personal information used by us as provided in this Privacy Policy. You need not register on the Site. If you choose to register, you may correct, update or review any personal information you have submitted through registration by signing in and updating your registration information. If you have registered and no longer want us to use your personal information, you should delete such information from your account. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookies, certain of the functions and conveniences of the Site may not work properly but you do not have to accept our cookies in order to use the Site.

Opting Out

If you no longer wish to subscribe to emails from us, you may remove yourself from our list at any time by requesting to unsubscribe by directly responded to a subscription email.

Privacy of Minors

This Site is not directed to children. Although we do not specifically seek to obtain any information from children, there are certain areas of our websites that children may visit. We does not knowingly collect personal information from individuals under 13. If individuals under 13 years of age wish to participate in contests or promotions, they must obtain the consent of their parent or guardian. If we find that we have inadvertently collected information from individuals under 13 years of age without parental consent, we will promptly delete that information from our database.

Revisions to Privacy Policy

We may amend this Privacy Policy at any time by posting a revised version on the Site. Any changes will be effective upon such posting unless stated otherwise on the Site. If there are changes that may be important to our users, we will send out notifications using Retailer contact information, or inform you upon your next transaction on the Site. If you do not accept the terms of this Privacy Policy, you are prohibited from becoming a Retailer and using the Site.

California Privacy Rights

California law permits users of the Site who are California residents to request and obtain from us once a year, free of charge, a report on the personal information we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared the information. If you are a California resident and would like to make such a request, please submit your request in writing to the address shown below.

Questions

If you would like to review, or request changes to, any of your personal information collected through the Site, please submit your request per the instructions shown below.

How to Reach Us

If you have questions regarding this Privacy Policy, you may contact us through the Site by clicking on the “Contact Us” link, which will allow you to submit your inquiries directly through the Site.

Effective Date: June 1st, 2013

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