LIVE! REWARDS® PRIVACY POLICY

When you use our website, mobile application or other data collection tools or sources, personal information and certain information about your online or in-store transaction activity is collected. We use this information to determine our guests' preferences, to design initiatives to meet those preferences, to eliminate online hassles, and to generally make your in-venue, mobile and/or online experience more satisfying. We recognize that the loyalty of our customers depends upon our relationships with them and we strongly support the rights of customers to maintain privacy of personal data. We want to make your guest experience online satisfying and safe. We want to provide you with the means to control your privacy and give you a way to voice questions or concerns you may have.

DECLINING EMAIL OFFERS

When you join the Live! Rewards® program, you are required to provide your email address and phone number. The program is an email-based program, using email as the primary channel to communication about all earned rewards, program benefits, program changes, and all promotions and offers available to members. If you no longer wish to receive email communications from us, you will forfeit the ability to earn and use Live! Rewards® credits that you have earned.

TEXT MESSAGING/SMS-SPECIFIC TERMS AND CONDITIONS

We allow our customers to opt in for text messaging from us during the Live! Rewards® enrollment process. Please review the following steps and terms associated with text messaging:

From time to time, Live! Rewards® members may be eligible to participate in certain promotions and giveaways. As part of registering for those giveaways, you may be asked whether you'd like to receive notifications via text message. If you agree to those communications, you may receive text messages regarding that promotion or giveaway. This messaging may also be subject to text message and data rates.

HOW YOU CAN CORRECT ANY INACCURACIES IN THE INFORMATION

You have the ability to access and edit the personal information that you have provided to the Live! Rewards® program, to update your information or to cancel your account, please visit www.dinedrinkplayrewards.com.

LOGGING IN TO MOBILE APPLICATION

If you join the Live! Rewards® program via the mobile application, or log in to your Live! Rewards® account on the mobile application, you will be asked whether you want the mobile application to remember you. If you choose yes, the mobile application will remain logged in to your account. You may be prompted to log in again to access certain functions on the mobile application, such as requesting rewards. At any time you can choose to log out of your account by choosing the logout button on the application.

YOUR ACCEPTANCE OF THESE TERMS

By enrolling in the Live! Rewards® program or otherwise providing information to us on this website, you agree to our Privacy Policy. We may also change the policy from time to time, so please be sure to visit this digital or mobile application often to see if anything has changed. If we post changes and you continue to use the digital or mobile application, you will be deemed to have agreed to the changes.



LIVE! REWARDS® TERMS AND CONDITIONS

The Live! Rewards® Program (the "Program") is a customer recognition program that rewards enrolled guests of various venues located at Live! districts nationwide ("Members") for dining or drinking with us. Enrollment, membership, and all related benefits of the Program, including the use of the website or Live! Rewards® mobile application, at its discretion. The Program is restricted to participating venues located within the various Live! districts in the United States ("Participating Restaurants"). Your participation in this Program is subject to these Terms and Conditions (these "Terms"), including any changes made to these Terms in the future.

The Program is sponsored by the restaurants, bar, and nightclubs listed on the back of your Live! Rewards card. You can address any correspondence to their attention at 601 East Pratt Street, 6th Floor, Baltimore, Maryland 21202. To participate in the Program, you need to be a Member. If you're not already a Member, you can join at www.dinedrinkplayrewards.com or via the Live! Rewards® mobile application. Simply follow the instructions you'll see there.

The Program is subject to cancellation or modification at any time without notice.

With the Program you will receive credit for each dollar you spend at Participating Restaurants for qualifying purchases. When your point balance reaches a reward threshold level, you can claim a reward.

Your reward will expire if not used at a Participating Restaurant within forty-five (45) days from the date it is issued. Rewards may not be used toward payment of tax or tip or for the purchase of alcoholic beverages or gift cards. The reward has no cash value, is not for resale and no change will be given for reward redemption. The reward terms state that the certificate is for one-time redemption only. The reward will contain the member's name and should be used by the member. Lost, stolen or expired rewards will not be replaced. Points will not be re-credited to a member's account for lost, stolen or expired rewards. Rewards may not be used in conjunction with other coupons, promotions or discounts. We reserve the right to substitute a reward of equal or greater value for any reason. Live! Rewards® reward levels offered are subject to additions, modifications, inclusion/exclusion changes and eliminations. Void where prohibited.

ELIGIBILITY AND ENROLLMENT

To enroll in the Program you must be a legal resident of the 50 United States (excluding U.S. territories), have a valid email address and telephone number. You must also be at least 21 years of age as of the date of enrollment. Businesses, corporations, joint ventures, partnerships, groups, associations, and other non-personal entities are not eligible to participate in the Program. Employees of any Participating Restaurants, their respective affiliates and subsidiaries, and others who are eligible for employee-based discounts or benefits are not eligible to participate in the Program. Your membership is nontransferable.

To enroll in the Program, you can complete the application process at www.dinedrinkplayrewards.com or via the mobile application, where you will be asked to provide certain identifying information, including your email address and telephone number. All information submitted must be truthful and accurate. It is your responsibility to ensure that the information you have provided remains current, and to promptly notify us (by updating your online profile) of any changes. There are alternative methods to join Live! Rewards® including, but not limited to, in-venue sign-up, partner promotions or websites or via promotions or contests. Enrollment begins upon activation of your account, which in most cases will be the day you complete your registration. Upon successful enrollment, you will be assigned an account number. To receive credit, provide your account number or the phone number you used to sign up to the venue to identify yourself as a member. Information about current promotions, program benefits, rewards and updates will be sent to the valid email address you provide.

PRIVACY POLICY

Information you submit will be used as described in the Program Privacy Policy. By applying for enrollment in, and participating in, the Program you are agreeing that we may use your information as described in the Privacy Policy. You are also agreeing to review these Terms and the Privacy Policy regularly so that you can make informed decisions about your use of our website and mobile application, your participation in the Program, and the personal information you choose to share with us.

PROMOTIONS AND MEMBER BENEFITS

The terms of specific Program promotions will be disclosed at the time of the offering. Our website and mobile application will explain Member benefits and specific promotion details, which are subject to change at any time. Some promotions may include rewards based on the dollar amount you spend on purchases of food and beverage at Participating Restaurants. For more information about what types of purchases do not count toward rewards, see the paragraph entitled "Non-Qualifying Purchases" below. To receive credit for a qualifying purchase, you should identify yourself as a Live! Rewards® Member and provide either your account number or the phone number you used to sign up at time of redemption.

Live! Rewards® is an email-based program. Member benefits, promotions, program updates, and account-based operational messages will be communicated to Members via email.

During an ongoing promotion, our website may contain a summary of your purchase balance, listing the amount of points you have spent in qualifying purchases during a promotion. You can also check your points via the mobile application. We will credit your account with the amounts of qualifying purchases only after the Participating Restaurant processes the stripes account associated with the purchase. We are not responsible for any delay or failure to record purchases to your account.

Some venues may not participate in the Program, so be sure to check with the venue location before you make your purchase. We will attempt to credit your account with qualifying purchases on a timely basis. However, you have the responsibility of making sure that your purchases are properly credited. Please retain copies of your receipts and/or account statements for your records. Any claim for purchases not credited accurately must be received by us before the end of the then-current promotional offer. We have no liability for (a) any printing, production, typographical, mechanical, or other errors regarding the earning, redemption or accumulation of participation credit or any other aspect of the Program; (b) any delay or failure to credit your account; or (c) any failure to provide Program communication. We reserve the right to invalidate purchases credited to your account and associated credits if we determine that such purchases were improperly credited to your account or obtained fraudulently. We reserve the right to require proof of qualifying purchases recorded in your account, and we reserve the right to delay the processing of any reward, without notice to you, in order to assure compliance with these Terms. You are responsible for restricting access to and maintaining the confidentiality of your account and password, and you agree to accept responsibility for the activities of anyone using your password. The Program is void where prohibited.

NON-QUALIFYING PURCHASES

Qualifying purchases shall not include any purchase of alcoholic beverages, unless such purchase also includes food items or is otherwise allowable by law. The dollar amount of a qualifying purchase may not include the amount of any sales tax, state fees, delivery charges, room rental fees or gratuities added to the food and beverage charge. Certain items may be excluded from credit in a particular promotion. Purchases of gift cards will not count as qualifying purchases. Your account will be credited for qualifying purchases made with a gift card, but will not be credited for your purchase of a gift card.

Other exclusions may apply.

RESTRICTIONS ON USE AND REDEMPTION

We are not obligated to apply Program rewards to pay for the following: sales tax, state fees, delivery charges, room rental fees or gratuities. We reserve the right at any time to limit Program enrollment, or to establish different levels of Program participation or targeted offers that may result in promotions that are not available to all Members. We may discontinue your membership and void or cancel your account and any associated reward credits at any time, for any reason, without notice to you, including if we suspect that you have engaged in fraud or theft, or have otherwise acted illegally, or in violation of these Terms. These rights are in addition to any other legal or equitable remedy that may be available to us under applicable law.

You may only enroll in the Program for yourself, and may only participate in the Program using your own account. You cannot participate in the Program on behalf of other Members or non-members.

Two or more members cannot combine or merge accounts for any reason. An individual member that has multiple accounts can request that their accounts be merged. An individual should only have one account.

You should not rely upon the continued availability of the Program, or any earning or redemption offers, merchandise or other offers made in connection with the Program. All rewards are available while supplies last and are subject to change and/or revocation without notice.

PROGRAM OR ACCOUNT TERMINATION OR MODIFICATION

You may cancel your Live! Rewards® membership at any time by unsubscribing here: www.dinedrinkplayrewards.com.

Cancellation may take up to ten (10) business days to finalize. During that period, you may receive previously scheduled account or promotional emails. You will forfeit your entitlement to any Program reward and/or credits immediately upon deactivation or termination of your membership.

If you do not make a qualifying purchase during a period greater than twelve (12) months, your account balance may be reduced to zero and you may forfeit any Member participation credit you had accumulated.

We reserve the right to deactivate any Member account that has not earned a qualifying purchase during a period greater than twelve (12) months.

We reserve the right, at our sole discretion, to (a) suspend, change or terminate the Program, any individual promotion, or any member benefit, in whole or in part; (b) modify, limit or suspend the use and/or redemption of any participation credit, such as qualifying purchase credit, in any respect; (c) modify or change redemption procedures, including the amount of participation credit required for particular rewards; (d) modify, limit or suspend the collection of participation credit, including but not limited to imposing time limits and changes in participation credit values. We may make these changes even though the changes may affect the value of Member participation credits already accumulated at any time and from time to time. Your continued participation in the Program after any modification to the Program and/or these Terms will indicate your acceptance of any such modification. You expressly agree to assume responsibility for reviewing the Terms for any updates or modifications. If you don't agree to any changes to the Program or these Terms, your sole remedy is to cancel your account (and forfeit any unused participation credits and/or rewards).

You expressly agree to waive and set aside your respective rights and obligations under any applicable law in the event of any termination of the Program or modification of these Terms to the extent that such law requires any judicial pronouncement for the termination of the Program or modification of these Terms. We also agree to waive and set aside our respective rights and obligations in this regard.

MEMBER COMMUNICATIONS AND PROGRAM PARTICIPATION

When you join the Live! Rewards® program, you are required to provide your email address and phone number. The program is an email-based program, using email as the primary distribution channel to communicate for all earned rewards, program benefits, and program changes and updates promotions and offers. If you no longer wish to receive email communications from us, you will forfeit the ability to earn and use Live! Rewards® credits that you have earned. If you wish to opt out of emails from Live! Rewards®, you will no longer receive emails from us unless you decide to opt in at a later date. If you opt out of emails, please allow up to ten (10) business days for your request to go into effect.

From time to time, Live! Rewards® members may be eligible to participate in certain promotions and giveaways. As part of registering for those giveaways, you may be asked whether you'd like to receive notifications via text message. If you agree to those communications, you may receive text messages regarding that promotion or giveaway. This messaging may be subject to text message and data rates.

MEMBER OBLIGATIONS AND REPRESENTATIONS

By submitting an application to enroll in the Program, or by taking part in the Program, you are expressly agreeing to be bound by these Terms, as they may be amended from time to time. You agree not to misuse Program privileges by engaging in conduct that is detrimental to us, including without limitation: having multiple accounts; making purchases on the behalf of other Members; participating in purchasing or redemption fraud; or using any robot, spider, other automatic device or manual process to transact with or monitor the Program.

You agree to comply at all times with all laws, rules, and regulations that are applicable to you. You hereby acknowledge that you may only participate in the Program if and to the extent that such participation is permitted by all applicable laws, rules, and regulations, and that your application for enrollment is subject to our acceptance. We may refuse at any time to enroll you, or to restrict, modify, or terminate your participation in the Program without liability to you or any law, rule, or regulation.

You agree to provide only accurate and true information to us at all times. You agree to comply with all of these Terms and with the terms of any affiliated and/or related programs, offers and promotions at all times. You agree to promptly notify us of any change in address, whether mail or email, by updating personal information on our digital or mobile application. You agree that your participation in the Program is entirely at your own risk.

LIMITATIONS OF LIABILITY AND RELEASE OF CLAIMS AGAINST US

NEITHER LIVE! REWARDS, ANY PARTICIPATING RESTAURANTS, AND THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, PROGRAM AFFILIATES, SUPPLIERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ("ASSOCIATES") SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "LOSSES AND DAMAGES"), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE TERMS; (II) THE PROGRAM, THE WEBSITE OR THE MOBILE APPLICATION; (III) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE PROGRAM; (IV) ANY UNAUTHORIZED USE OF A CARD OR ANY BREACH OF SECURITY BEYOND OUR REASONABLE CONTROL; (V) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE PROGRAM MADE BY US OR ANY ASSOCIATE OR ANY OTHER PERSON OR ENTITY; OR (VI) THE PURCHASE, REDEMPTION FOR OR USE OF ANY REWARDS WHETHER MADE AVAILABLE BY US, ONE OF OUR ASSOCIATES OR ANY OTHER PERSON OR ENTITY, OR OTHERWISE. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis, even if we or our affiliates or our or their representatives have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.

IN NO EVENT SHALL OUR AND OUR AFFILIATES' MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S. $25.00).

By participating in the Program you hereby agree: (a) to release us and all of our affiliates, subsidiaries, franchisees, Program partners, vendors, distributors and independent contractors, and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred with respect to the issuance, receipt, possession, and/or use or misuse of any reward; (b) under no circumstances will you be permitted to obtain rewards for, and you hereby waive all rights to claim, punitive, incidental, consequential, special or any other damage or loss, other than for actual out-of-pocket expenses; (c) all causes of action or claims arising out of or connected with the Program, or any reward shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.

NO WARRANTY

THE PROGRAM, WEBSITE OR THE MOBILE APPLICATION ARE PROVIDED "AS IS," WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM AND THE WEBSITE.

GOVERNING LAW

Your application for enrollment, participation, and redemption of rewards in connection with the Program are subject to our verification and acceptance, which acts shall be deemed made, performed, transacted, and closed in the State of Maryland. By participating in the Program, you agree that the laws of the State of Maryland, without regard to any conflict of laws rules, will govern your and our observance of these Terms.

BINDING ARBITRATION

The following Agreement describes the terms and conditions that apply to your participation in the Program. By participating in and registering for Program, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this Agreement or your participation in Program (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

You must first present any claim or dispute to us by contacting us in writing or by electronic mail to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in either Baltimore, Maryland or Kansas City, Missouri depending on your location and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.

All administrative fees and expenses of any arbitration will be divided equally between you and us, unless otherwise prohibited by law. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

WAIVER OF PUNITIVE DAMAGE CLAIMS AND CLASS ACTIONS BY THIS AGREEMENT, BOTH YOU AND WE ARE WAIVING CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT. IF FOR ANY REASON THIS ARBITRATION CLAUSE IS DEEMED INAPPLICABLE OR INVALID, YOU AND WE BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

GENERAL

If we fail to act with respect to your breach or anyone else's breach of these Terms on any occasion, we do not waive our right to act with respect to future or similar breaches.

These Terms constitute the entire agreement between you and us regarding your participation in the Program, your entitlement to earn rewards through the Program, and your entitlement to any other benefits of the Program, and supersede all prior agreements between us, whether oral or written, including, without limitation, all previous versions of these Terms.

If any provision of these Terms (including limitations of liability) is held by a court of competent jurisdiction to be void, invalid, contrary to law, or unenforceable for any reason, such provision shall be deemed changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

If you have any problems or questions, just contact us at info@dinedrinkplayrewards.com.