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Updated: April 13, 2015, 10:30 a.m.

Terms of Sale

Welcome to the Star Tribune Steals Program (the "Program"). By participating in the Program and/or using this site (the "Site"), you (referred to as "you," and "your") agree to the terms and conditions set forth below (the "Terms of Sale"), which have been established by Star Tribune Media Company LLC (referred to as "Star Tribune," "we" "us" and "our") and may be modified by Star Tribune from time to time in its sole discretion. It is your responsibility to review these Terms of Sale on a regular basis to keep yourself informed of any modifications. Except to the extent otherwise required by applicable federal, state or local law, these Terms of Sale apply to all purchases involving the Program.

General Terms and Conditions:

1. We reserve the right to modify these Terms of Sale from time to time by posting on the Site the revised Terms of Sale. Each time you begin the process of making a purchase via the Site, you must read, agree with and accept the Terms of Sale as then-currently set forth on the Site, in which case you will have entered into an agreement the terms of which are these Terms of Sale (the "Agreement"). If you do not wish to agree to the Terms of Sale, your only recourse is to terminate your purchase transaction and refrain from using the Site.

2. Star Tribune's role in the Program is to facilitate the marketing and sale, to Site visitors (each, a "Visitor"), of a variety of promotional offers (each, an "Offer") offered by a variety of businesses (each, a "Merchant"), including but not limited to retail establishments, restaurants, healthcare providers and other service providers.

3. With respect to each Offer, the Visitor is presented with an opportunity to participate in a promotional program involving specified goods and/or services offered by the Merchant as described in the Offer (the "goods/services"). In each case, the Merchant, not Star Tribune, is the seller of the goods/services and is solely responsible for providing the goods/services upon presentation of a receipt and promotional voucher that evidences a Visitor's participation in a promotion (the "Voucher"). With respect to each Offer, you specifically acknowledge that Star Tribune is not the Merchant and is not in the business of or responsible for providing the goods/services or establishing the terms of a promotion.

4. By responding to an Offer, you are offering to pay a specified price (the "Paid Value") to participate in the promotion and receive a Voucher to receive goods/services at a discount. If you present the Voucher to the Merchant during the applicable promotional period you may obtain goods or services from the Merchant up to the value stated on the Voucher (the "Face Value"). The difference between the Paid Value of the Voucher and the Face Value is the Voucher’s “Promotional Value”. Various restrictions may apply to the use of a Voucher, which restrictions are set forth on the Voucher itself. In addition, the Voucher is subject to the terms and conditions set forth in the Terms of Sale.

5. You must create an account in the Program ("Program Account") to participate. This is required so we can process your payment and provide you with easy access to print your Voucher, view your past participation and modify your preferences. Once you have created a Program Account, you will be allowed to participate in the Program without re-registering. However, to purchase a Voucher and participate in any promotion through the Program, you will be required to read, agree with and accept the then-current Terms of Sale. (NOTE: Some payment processes for purchases transacted through this site are handled on your behalf by the third party vendor that provides the Site (“Site Provider”). Currently, the Site Provider is NimbleCommerce.)

6. If you are under the age of eighteen (18), you are prohibited from using the Site or creating a Program Account.

Vouchers – General Terms of Sale:

1. Vouchers are redeemable only for the good/services specified in the Voucher and only from the Merchant issuing the Voucher. Vouchers are not redeemable from Star Tribune or any person or entity other than the Merchant. Except to the extent otherwise required by law, Vouchers may not be redeemed for cash or applied as payment to an account. The Merchant is solely responsible for all customer service issues associated with redemption of the Voucher, and all complaints should be directed to the Merchant. Star Tribune does not guarantee that a Merchant will provide goods/services or otherwise comply with the terms of the Voucher, and you may lose the opportunity to redeem a Voucher if a Merchant goes out of business, becomes insolvent or a debtor in a bankruptcy proceeding, or any other circumstance occurs in which the Merchant does not or cannot honor the Voucher.

2. Unless otherwise noted in the Offer or on the Voucher, each Voucher will be activated within 24-hours after your credit card has been charged.

3. Vouchers are marked with a unique code number. Neither the Merchant nor Star Tribune (nor their respective affiliates, vendors or assigns) are responsible for stolen Vouchers. In the event a Voucher has been lost or destroyed, please contact us at steals@startribune.comand a replacement Voucher will be issued to you at no charge. However, you acknowledge and agree that, if the original Voucher has already been redeemed, your replacement Voucher will not be redeemable.

4. In the event an issue arises related to your inability to print a Voucher or related to inappropriate charges to your credit card, please contact us via email at steals@startribune.com.

5. Unless (A) otherwise required by applicable federal, state or local law, (B) otherwise specified on the Voucher or in the Offer, or (C) otherwise permitted by the Merchant, each of the following shall apply:
a. Each Voucher may only be used once, and must be used prior to the expiration date set forth on the Voucher ("Stated Expiration Date"). A Voucher may not be redeemed incrementally.
b. A Voucher may not be combined with any other discount or promotion, such as gift certificates, third party certificates, other vouchers, or the like.
c. Reproduction, sale or trade of a Voucher is prohibited except to the extent performed in compliance with applicable law.
d. If you redeem a Voucher for less than its Face Value, you will not be entitled to a credit for any difference between the Face Value and the amount you redeemed from the Merchant.
e. If you redeem a Voucher for less than the Paid Value, you may be entitled to a credit for the difference between the Paid Value and the amount you redeemed from the Merchant, but only if and to the extent (and for so long as) required by applicable law.
f. The Stated Expiration Date is the last date on which you may redeem your Voucher at the Merchant in exchange for the goods/services specified in the Offer. However, a Merchant will allow you to redeem your Voucher for the Paid Value (but not the Face Value) after the Stated Expiration Date. The Paid Value of your Voucher does not expire. If you have a Voucher for which the Promotional Value has expired, please contact the Merchant to request any redemption to which you are entitled. If the Merchant refuses to allow you to redeem the Paid Value of your unused Voucher after the Stated Expiration Date, please contact Star Tribune, and Star Tribune will make certain that the Paid Value is refunded to you (via the original payment method or other valid payment method determined by Star Tribune).

6. The Merchant is the holder and issuer of each Voucher. As such, the Merchant is solely responsible for any and all claims and liabilities related to or arising out of the issuance or use of the Voucher, including but not limited to claims for injury, illness, damages, negligence, costs and attorneys' fees suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof.

7. Star Tribune does not endorse and is not responsible or liable for any advertising, products, goods or services available or unavailable from, or through, any Merchants. You agree that, should you use or rely on such advertising, products, goods or services, available or unavailable from, or through any Merchant, Star Tribune is not responsible or liable, indirectly or directly, for any damage, injury, or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions or Offers by any Merchant, and any other terms, conditions, representations or warranties associated with such dealings and/or Offers, are between you and such Merchant and do not involve Star Tribune. You acknowledge and agree that you will make whatever investigation you deem necessary or appropriate (including but not limited to obtaining appropriate legal advice, background checks, credit checks, investigations as to financial condition, and the like) before purchasing any Voucher and/or purchasing goods/services from any Merchant.

8. You hereby release Star Tribune, its affiliates and its and their respective officers, directors, employees and agents (collectively, the "Star Tribune Group") from any and all claims and liabilities related to or arising out of the issuance and/or use of each Voucher, including but not limited to claims for injury, illness, damages, negligence, costs and attorneys' fees suffered by you (or anyone claiming by or through you) or in respect of you, arising from or related to any act or omission of any Merchant(s) in connection with (i) any Voucher and/or the goods/services provided or to be provided in connection therewith, and/or (ii) any applicable unclaimed property and/or other laws relating to the redemption of Vouchers or any portion thereof. Without limitation of the foregoing, you agree that no member of the Star Tribune Group is responsible for any damages you may incur that arise from or relate to (i) your purchase or use of a Voucher, (ii) participation in a promotion or use of goods/services from a Merchant, (iii) your inability to redeem a Voucher, and/or (iv) a Merchant's bankruptcy or failure to remain in business.

Restaurant Vouchers — Additional Terms of Sale:

Unless otherwise required by applicable federal, state or local law, the following additional terms and conditions apply to Vouchers redeemed for food and/or beverages from a restaurant or bar ("Restaurant Vouchers"):

1. Unless otherwise specified or permitted by the Merchant, a Restaurant Voucher may not be redeemed for alcoholic beverages and, if allowed, shall be permitted only in compliance with federal, state and local law, including but not limited to any statutory limitations on the amount of the Face Value that can be redeemed for alcoholic beverages. Use of Restaurant Vouchers for alcoholic beverages is at the sole discretion of the Merchant and is subject to compliance with applicable law. The Merchant (and not Star Tribune) is solely responsible for determining all matters pertaining to the applicability of and compliance with relevant statutes and codes. Star Tribune's sole role in the transaction is as a marketing agent for the Merchant with respect to the Restaurant Voucher.

2. Unless otherwise specified or permitted by the Merchant, a Restaurant Voucher may not be used for taxes, tips, or other gratuities.

3. Unless otherwise specified or permitted by the Merchant, a Restaurant Voucher is valid for dine-in use only.

4. Any attempted redemption of a Restaurant Voucher that is not consistent with the Terms of Sale and applicable law will render the Voucher null and void.

Goods Vouchers:

Unless otherwise required by federal, state or local law, the following additional terms and conditions apply to Vouchers redeemed for goods/products ("Goods Vouchers"):

1. Unless otherwise specified or permitted by the Merchant, a Goods Voucher may not be redeemed for alcoholic beverages and, if allowed, shall be permitted only in compliance with federal, state and local law, including but not limited to any statutory limitations on the amount of the Face Value that can be redeemed for alcoholic beverages. Use of Goods Vouchers for alcoholic beverages is at the sole discretion of the Merchant and is subject to compliance with applicable law. The Merchant (and not Star Tribune) is solely responsible for determining all matters pertaining to the applicability of and compliance with relevant statutes and codes. Star Tribune's sole role in the transaction is as a marketing agent for the Merchant with respect to the Goods Voucher.

2. Unless otherwise specified or permitted by the Merchant, a Goods Voucher may not be used for taxes, shipping fees and handling charges.

3. Any attempted redemption of a Goods Voucher that is not consistent with the Terms of Sale and applicable law will render the Voucher null and void.

Services Vouchers:

Unless otherwise required by federal, state or local law, the following additional terms and conditions apply to Vouchers redeemed for services ("Services Vouchers"):

1. Unless otherwise specified or permitted by the Merchant, a Services Voucher may not be used for taxes, tips, or other gratuities.

2. Unless otherwise specified or permitted by the Merchant, services provided with respect to a Services Voucher must take place at the Merchant's place of business.

3. Any attempted redemption of a Services Voucher that is not consistent with the Terms of Sale and applicable law will render the Voucher null and void.

Ticket Vouchers:

Unless otherwise required by federal, state or local law, the following additional terms and conditions apply to Vouchers that are redeemable for tickets ("Ticket Vouchers"):

1. A Ticket Voucher that has not been redeemed for the specified tickets prior to the date of the event is considered unused. The Paid Value of your unused Ticket Voucher does not expire. Upon your request, the Merchant will permit you to recover the Paid Value (but not the Face Value) of the unused Ticket Voucher, either via refund or (if you and the Merchant mutually agree) via credit toward the purchase of tickets for a subsequent event. If the Merchant refuses to issue such a refund or credit, please contact Star Tribune, and Star Tribune will make certain that the Paid Value is refunded to you (via the original payment method or other valid payment method determined by Star Tribune). (In no event, however, will the Merchant or Star Tribune be obligated to honor or return to you the Face Value of any such unused Ticket Voucher.)

2. A Ticket Voucher that has been redeemed for the specified tickets is deemed to be used, regardless of whether you use the tickets. If you redeem the Ticket Voucher for the specified tickets but fail to use the tickets, you will not be entitled to any refund, redemption, credit or exchange.

3. Any attempted redemption of a Ticket Voucher that is not consistent with these Terms of Sale and applicable law will render the Ticket Voucher null and void.

Your Program Information:

1. "Program Information" consists of the information that a Visitor (such as you) provides to us with respect to his/her Program Account and such other information as we may collect pertaining to the Visitor's interaction with the Site. "PII Program Information" is Program Information that personally identifies the Visitor. "Non-PII Program Information" is Program Information that does not personally identify the Visitor.

2. We may make available to our employees and certain third parties with whom we contract for Program services your Program Information, including but not limited to your PII Program Information. We may also provide to Merchants from whom you purchase Vouchers certain of your PII Program Information, to the extent necessary in connection with a given Voucher transaction. In addition, we may provide to Merchants and other third parties certain Non-PII Program Information (including, e.g., aggregate statistics, unique identifiers, demographic and other anonymous information) about you and other Visitors. You agree that we may make such uses of your Program Information.

3. You also agree that we may access and preserve your Program Information and that we may disclose your Program Information to others if required to do so by law or if we believe, in good faith, that such access, preservation and/or disclosure is reasonably necessary: (a) to comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) to enforce the Terms of Use or an Agreement; (c) to respond to claims of third parties; or (d) to protect the rights, property or personal safety of Star Tribune, its Visitors and/or the public.

4. As Star Tribune continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of your Program Information as one of the transferred assets, and you agree that your Program Information may be used for any purpose allowed under this Agreement.

Dispute Resolution by Binding Arbitration (the “Arbitration Provision”)

1. By using this Site you agree that, if a dispute, claim or controversy of any kind arises out of or relates to a Voucher, this Agreement or the purchase, sale or use of a Voucher, you, Star Tribune and the Site Provider agree to resolve those disputes exclusively through binding arbitration in accordance with these Terms of Sale. You should review this provision carefully. This arbitration provision limits your, Star Tribune’s and Site Provider’s ability to litigate claims in court, and each party to this Agreement (including you, Star Tribune and Site Provider) each agrees to waive its respective rights to a jury trial. Any arbitration under this provision shall take place on an individual basis. Class arbitrations and class actions are not permitted. You will not have the right to participate as a class representative, private attorney general, or as a member of any class of claimants for any claim subject to arbitration. A claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the arbitration proceedings between you and Star Tribune and/or Site Provider. Any dispute regarding the prohibitions in the prior sentence shall be resolved by the arbitrator in accordance with this Agreement.

2. You, Star Tribune and Site Provider mutually acknowledge that arbitration is usually an informal proceeding in which disputes are decided by one or more neutral arbitrators who receive the evidence at a hearing and then issue a binding ruling in the form of an award. You, Star Tribune and Site Provider understand that in an arbitration, discovery is more limited than in a court and review by courts is very limited.

3. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Any Notice to Star Tribune should be addressed to Star Tribune Media Company LLC, 425 Portland Avenue South, Minneapolis, MN 55488, ATTN: General Counsel (“Star Tribune Notice Address”). Any Notice to Site Provider should be addressed to Legal Notices, NimbleCommerce, 628 Broadway, Suite 500, New York, NY 10016 (“Site Provider Notice Address”). Any Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If you, Star Tribune, and/or Site Provider do not reach an agreement to resolve the claim within 30 days after the Notice is received, you, Star Tribune, or Site Provider may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you, Star Tribune or Site Provider, as applicable, shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, Star Tribune or Site Provider are entitled.

4. You, Star Tribune and Site Provider agree, upon written demand made by you, Star Tribune or Site Provider, to submit to binding arbitration all disputes, controversies, and claims, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to this Agreement, a Voucher or the benefits provided by it, or any advertisements, promotions, or oral or written statements related to a Voucher, or the relationships that result from the purchase and use of a Voucher (including, to the fullest extent permitted by applicable law, relationships with third parties who are not parties to this Agreement or this arbitration provision), or the scope or enforceability of this Agreement, including the determination of the applicability of this agreement to arbitrate (collectively, a “Claim”). All parties retain the right to seek relief in a small claims court for disputes or claims within the jurisdictional limits of the small claims court. At the option of the first to commence an arbitration, you, Star Tribune or Site Provider may choose to have the arbitration conducted by JAMS ADR (“JAMS”) or the American Arbitration Association (“AAA”), or you, Star Tribune or Site Provider may agree upon a different arbitrator. In any event, any arbitration under this Agreement shall be conducted in accordance with the Streamlined Arbitration Rules and Procedures of JAMS if JAMS conducts the arbitration, or the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes if AAA or other arbitrator conducts the arbitration (hereinafter “Rules”). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement.

5. Any of you, Star Tribune or Site Provider may initiate arbitration by giving written notice of the intention to arbitrate to the other parties and by filing notice with JAMS or the AAA in accordance with the Rules in effect at the time the notice is filed. Site Provider may be given notice at the Site Provider Notice Address. The AAA Rules are available online at www.adr.orgor by calling AAA at 1-800-778-7879. The JAMS rules are available online at www.jamsadr.comor by calling 800-352-5267. In the event of any inconsistency between this Agreement and the Rules to be used for an arbitration, such inconsistency shall be resolved in favor of this Agreement.

6. Demand for arbitration under this Agreement must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the claim also is barred in arbitration. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or other doctrine bars the arbitration of any Claim shall be decided by arbitration in accordance with the provisions of this Agreement.

7. Nothing in the arbitration provision shall limit the right of you, Star Tribune or Site Provider, whether before, during, or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set off, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such as filing an interpleader action. You, Star Tribune and Site Provider agree that the taking of these actions or any other participation in such litigation by you, Star Tribune or Site Provider does not waive any right that you, Star Tribune or Site Provider has to demand arbitration at any time with respect to any subsequent or amended Claim filed against you, Star Tribune or Site Provider after commencement of litigation between you and Star Tribune and/or Site Provider.

8. A single arbitrator shall decide the Claims. The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least 5 years, or a retired judge.

9. You, Star Tribune and Site Provider agree that the arbitrator (i) shall limit discovery to non-privileged matters directly relevant to the arbitrated dispute; (ii) shall grant only relief that is based upon and consistent with substantial evidence and applicable substantive law; (iii) shall have authority to grant relief only with respect to Claims asserted by or against you individually; and (iv) shall provide a written statement stating the disposition of each claim and a concise written explanation of the basis for the award and shall make specific findings of fact and conclusions of law to support any arbitration award. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. Star Tribune and/or Site Provider will pay to JAMS or the AAA the portion of the arbitration filing fee that exceeds the cost of filing a lawsuit in the federal court where you live. If you are unable to pay the filing fee, Star Tribune and/or Site Provider will pay it directly upon receiving a written request. Star Tribune and/or Site Provider will pay all of the remaining administration fees and other costs, including the arbitrator’s fees, for any non-frivolous claim (measured by the standards set forth in Federal Rule of Civil Procedure 11(b)) that does not exceed $25,000. For all other claims, the arbitrator will decide whether Star Tribune, Site Provider or you ultimately will be responsible for paying any fees or other costs in connection with the arbitration under the applicable Rules. Any arbitration proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. If your claim is for $10,000 or less, Star Tribune and Site Provider agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in accordance with the arbitration Rules. Judgment upon any award rendered in arbitration may be entered in any court having competent jurisdiction.

10. If Star Tribune and/or Site Provider, as applicable, made a written offer to settle the dispute before an arbitrator was selected, and the arbitrator awards you any relief on the merits that is greater than the value of the last, highest settlement offer, then Star Tribune and/or Site Provider will: (i) pay you the amount of the arbitrator’s award or $7,500 (the “alternative award”), whichever is greater; and ii) pay you the amount of your reasonable attorneys’ fees, plus reimbursement for expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing and pursuing your claims in arbitration (the “Attorney Fees”).

11. If neither Site Provider nor Star Tribune made a written offer to settle the dispute before an arbitrator was selected, and the arbitrator awards you any relief on the merits, you and your attorney will be entitled to receive the alternative award and the Attorney Fees, respectively.

12. With the exception of subpart (a) of this Arbitration Provision, above, if any portion of this Arbitration Provision is deemed invalid or unenforceable or otherwise conflicts with the Rules, the remaining portions of this Arbitration Provision will remain valid and enforceable. If, however, subpart (a), above, is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and no party (i.e., neither you nor Star Tribune nor Site Provider) shall be entitled to arbitrate its dispute. This Arbitration Provision shall survive expiration of each Voucher or termination of this Agreement.
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