MVP CLUB

TERMS & CONDITIONS

GENERAL

The Beer Hunter’s MVP Rewards Program (the “Program”) is a promotional program that is offered as a benefit for guests of The Beer Hunter, subject to the following terms and conditions (the “Program Rules”). The Program is sponsored solely by The Beer Hunter (“TBH”) and is administered independently by the owners and managers of TBH.

TBH may change these Program Rules from time to time with or without notice to you, including the number of points required to obtain any particular reward, by posting a revised version of the Program Rules on www.thebeerhunter.com (the Website). Any changes will be effective prospectively as of the date noted when the updated Program Rules are posted. It is the responsibility of guests to review the Program Rules from time to time to be aware of any such changes. TBH reserves the right to approve, deny or revoke membership or the right to participate in the Program with respect to any person for any reason whatsoever, in TBH’s sole discretion. TBH also reserves the right to cancel the Program at any time without notice.

Enrollment/Point Accumulation:

• There is no fee to sign up for the Program, but eligible purchases and/or activities are required to earn and redeem points.

• Program members must register their accounts before points may be earned or redeemed for rewards.

• Program points may be used at TBH Restaurant only.

• Individuals must be 18 years of age or older to participate in the Program.

• TBH employees and family members or people living in the same household as a TBH employee are not eligible to participate in the Program.

Earning Points:

Points are earned at the rate of 1 point for each $1.00 spent on food and beverages (excluding tax, gratuities, gift cards, and alcohol) at The Beer Hunter. Additional points may be made available through special promotional offers. Points earned will show up in your account as soon as you have completed any eligible transaction at The Beer Hunter. For points earned by purchasing qualifying TBH merchandise, points will be calculated Monday through Friday, except holidays, and will typically be posted to your account within 72 hours of the merchandise purchase.

• Points may be earned for dine-in or take-out purchases only. Points may not be earned on amounts associated with taxes, gratuities, and purchases of gift cards or alcohol.

• Points will be rounded up to the nearest whole number of the purchase. For example, a $12.01 purchase will round up to 13 points.

• On a purchase with a discount, points will be earned on the net discounted amount of the purchase.

• Any Federal, State or other tax liabilities are the responsibility of the Program member.

• Cards issued under the Program and Program points have no cash value.

Redeeming Points

• Check in at the Website and visit the Rewards Catalog page to determine how to redeem points.

• Rewards are not automatically issued; points must be redeemed by the Manager to receive a reward.

• For any “dollars off any meal” reward (for example, “$10 off” or “$25 off”), the reward may only be used on a meal costing more than the amount of the reward, net of all amounts for alcohol, gift cards, taxes and gratuities.

• Unless otherwise required by law, no cash back will be paid on any reward.

Gifting Your Points

Program members are the sole owner of their points and in no fashion can members gift or transfer their points to another member or non-member.

Points Expiration

There is no future expiration date for the points, unless the Program is terminated. Points obtained through special promotional offers may have additional limitations, including limited time periods for you to use such points and/or accelerated expiration schedules. Such expiration schedules will be posted along with the promotional offers.

Termination of the Program

TBH reserves the right to discontinue the Program at any time. When the Program is terminated, each Program member will be allowed to redeem any points in that member’s account as of the stated termination date of the Program provided the member redeems such points within 90 days following the Program termination date.

Lost, Stolen, Replacement Cards

If a card issued under the Program is lost, stolen, damaged or destroyed, the card may be replaced with the rewards balance remaining at the time the Program member has notified TBH that the card has been lost, stolen, damaged or destroyed. TBH may, in its discretion, modify the Program rewards or substitute rewards of comparable value without notice. TBH reserves the right to audit any Program account at any time.

Marketing Communications

By enrolling in the Program, you authorize TBH to contact you regarding the Program, including periodic updates about the Program and other announcements and promotions, via text message or e-mail. You may opt out of receiving such materials or messages by emailing us at info@thebeerhunter.com indicating your preference to opt out of future offers and communications. If you opt out, you authorize TBH to send you an email and/or text message confirming your opt out.

Dispute Resolution

The Program shall be governed by the laws of the State of California, exclusive of choice of law rules. Except where prohibited by law and as set forth herein, any action arising out of or relating to the Program shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), which includes payment by TBH of many of the fees associated with such arbitration, whether initiated by TBH or you. The arbitration shall be held at a location in the state in which you live. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only TBH or our individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Notwithstanding anything to the contrary herein, if the amount in dispute arising out of or relating to the Program is less than the jurisdictional maximum of a small claims court applicable in the state in which you live, you may bring an action in such small claims court for such dispute, which shall be in lieu of arbitration or an action in any other court.

Privacy

By enrolling in the Program, you authorize TBH, our subsidiaries and affiliates, and our third-party contractors engaged in connection with the Program to share information about you and your Program account among such entities (but not with any other third parties) as necessary to effect, administer, enforce, service and fulfill the Program. Any personal information collected about you through this website is subject to our privacy policy, available at the Website.