This site is not intended for children under the age of 13. We will not knowingly collect information from site visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose to Websites and/or use the necessary parental controls on your child’s computer if he/she is left unattended to search the Internet.
Active Information Collection
Like many Websites, this site actively collects information from its visitors both by asking you specific questions and by permitting you to communicate directly with us via e-mail and the use of certain documentation. Some of the information that you submit may be personally identifiable information (that is, information that can be uniquely identified with you, such as your full name, address, e-mail address, phone number, and so on collectively referred to herein as “Personal Information”). We will never sell, transfer, or disclose any Personal Information we gather at our Websites to any third parties without your prior consent, except in cases when we believe in good faith that we have a legal obligation to disclose such Personal Information. We never require that this Personal Information be provided in order to gain access to our sites, nor will we require visitors to disclose more Personal Information than is reasonably needed to participate in an activity on our sites. Some areas of this site may require you to submit Personal Information in order for you to benefit from the specified features (such as newsletter subscriptions, tips/pointers, etc.) or to participate in a particular activity (such as contests, sweepstakes or other promotions). You will be informed at each information collection point what information is required and what information is optional.
Passive Information Collection
As you navigate through our Website, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies, Internet tags, and navigational data collection.
This site may use Internet Protocol (IP) addresses. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user’s computer). We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our site, and administer and improve the site.
A “cookie” is a bit of information that a Website sends to your Web browser that helps the site remember information about you and your preferences.
“Persistent” cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., passwords), helping to determine what areas of the Website visitors find most valuable, and customizing the Website based on your preferences. This site may use persistent cookies.
“Internet tags” (also known as single pixel GIFs, clear GIFs, invisible GIFs, and 1xbyx1 GIFs) are smaller than cookies and tell the Website server information such as the IP address and browser type related to the visitor’s computer. This site may use Internet tags. Tags have been placed both on online advertisements that bring people to the site and on different pages of the site. These tags indicate how many times a page is opened and which information is consulted. We do not collect or seek personally identifiable information through these tags.
“Navigational data” (“log files,” “server logs,” and “clickstream” data) are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors. This site may use navigational data.
Use and Disclosure of Information
If you provide personally identifiable information to this site, we may combine such information with other actively collected information unless we specify otherwise at the point of collection. We will take reasonable measures to prevent personally identifiable information from being combined with passively collected information, unless you consent otherwise.
iii. where required by applicable laws, court orders, or government regulations.
In addition, we will make full use of all information acquired through this site that is not in personally identifiable form.
Communications To Black Bear
Black Bear appreciates hearing from you. However, in your communications with us, please keep in mind that any communication or material you transmit to any of our Websites by electronic mail or otherwise, including any data, questions, comments, recipes, creative suggestions, ideas, concepts, products, marketing or promotional plans or strategies, or the like shall be deemed and shall remain the exclusive property of Black Bear. You understand and acknowledge that Black Bear has the resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments and that Black Bear is only willing to consider suggestions and ideas on the terms set forth herein. Any suggestion, idea, or comment is not submitted in confidence and Black Bear assumes no obligation, express or implied, by considering it. Without limitation, Black Bear shall exclusively own all now known or hereafter existing rights to the suggestions, ideas or comments of every kind and nature and Black Bear shall be entitled to unrestricted use of the suggestions, ideas or comments for any purposes whatsoever, commercial or otherwise, including, but not limited to, reproduction, implementation, disclosure, transmission, publication, broadcasting or posting without any compensation to the provider of the suggestions, ideas or comments.
Legal Policy for Consumers
Black Bear maintains this Website for your personal use, education, and communication. You may download materials displayed on this Website only for your non-commercial personal use and provided that you retain all copyright and other proprietary notices which appears on any such materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Website for any public or commercial use including, but not limited to, any text, image, audio or video, without black Bear’s prior written consent, which consent may be withheld by Black Bear in its sole and absolute discretion.
Your access to and use of this Website is also subject to the following terms and conditions and all applicable laws. By accessing and browsing this Website, you accept, without limitation or qualifications, the terms and conditions set forth above and below and you acknowledge that any other agreements between you and Black Bear are superseded and of no force.
1. You should assume that everything you see or read on this Website is copyrighted (regardless of whether or not a copyright notice appears on all materials) unless otherwise noted and may not be used, except as provided herein, without the prior written consent of Black Bear. Black Bear neither warrants nor represents that any materials displayed on this Website will not infringe the rights of third parties not owned or affiliated with Black Bear.
2. Although Black Bear uses reasonable efforts to include accurate and up to date information on this Website, Black Bear makes no warranties or representations as to its accuracy. Black Bear assumes no liability or responsibility for any errors or omissions in the content of the Website.
3. Your use of, and browsing in, this Website is at your own risk. Neither Black Bear, its officers, directors, shareholders, agents or employees, nor any other party involved in creating this Website, are liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, this Website. Without limiting the foregoing, everything on this Website is provided to you “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Black Bear, its officers, directors, shareholders, agents or employees, also assume no responsibility for, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other equipment or other property due to your access to, use of, or browsing in this Website or your downloading of any materials, data, text, images, video or audio from this Website.
4. Black Bear has not reviewed all of the sites linked to this Website and is not responsible for the contents of any off-site pages or any other sites linked to this Website. The existence of any link to such other sites does not imply endorsement by Black Bear of such other sites. Your access to any other off-site pages or sites is at your own risk. No links are permitted to this Website without the prior written consent of Black Bear.
5. Images of people or places displayed on this Website are either the property of, or used with permission by, Black Bear. The use of these images by you, or anyone else authorized by you, is strictly prohibited unless permitted by these terms and conditions or specific permission provided elsewhere on this Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes.
6. All of Black Bear trademarks, logos and service marks (collectively “Trademarks”) displayed on this Website are the registered and unregistered trademarks of Black Bear. Nothing contained on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Website without the prior written permission of Black Bear. Your misuse of the Trademarks displayed on this Website, or any other content displayed on this Website, except as provided in these terms and conditions, is strictly prohibited.
7. Black Bear may at any time revise these terms and conditions by updating this posting and may also make changes to the content or any links at any time. You are bound by any revisions and should, therefore, periodically visit this page to review these terms and conditions.
We periodically run contests and sweepstakes on our sites for which we ask users/participants to provide contact information (like their e-mail address). This information is used to contact the participant only when necessary in accordance with the rules of the contest or sweepstakes.
If a participant has indicated upon entering a contest or sweepstakes that he/she is under 13 years of age, the participant is instructed to enter the e-mail address of his/her parent or guardian. Further, for any game or contest where the screen names of the high scorers are posted, a user under 13 can only select a generic screen name from a list that has been developed in advance. This prevents the disclosure of any personally identifiable information.
When a participant under the age of 18 is selected as a prizewinner in a contest or sweepstakes, e-mail is sent to the parent or guardian. This e-mail contains a form that requests the participant’s real name and address and a parental permission form. For the participant to receive the prize, the parent or guardian must fill out and sign the form and then mail or fax it to the address or number indicated on the form.
How to Contact Us
If you have any questions, comments, or concerns about this legal policy or the information practices of this site, please contact us as follows:
5701 Tacony Street
Philadelphia, PA 19135
Legal Policy for Retailers
Please be advised that EFFECTIVE June 1, 2010, Black Bear has instituted a Coupon Redemption Policy to help ensure proper and timely redemption of its coupons. This policy has been built in accordance with the best practices adopted by several major Consumer Packaged Goods manufacturers.
Please take the time to read this policy thoroughly to ensure that your practices are in compliance with its regulations.
Black Bear Coupon Redemption Policy
Effective: June 1, 2010
The terms and conditions in this document constitute Black Bear Coupon Redemption Policy (the “Policy”), and constitute Black Bear’s terms and conditions for reimbursing retailers for the redemption of its coupons. Your redemption of coupons and submission of them directly, or indirectly through agents, to Black Bear shall evidence your binding agreement to comply with the Policy and evidences your warranty of compliance with the Policy in your redemption of our coupons. This Policy constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, course of dealings and arrangements between the parties with respect to coupons for the Branded Products. No additional or different terms or conditions in any retailer policy, purchase orders, invoice, quotations, licenses or other communications, issued by you, your agent(s) or other third parties, shall be construed to modify any of the terms of this Policy, whether or not such terms or conditions materially alter this Policy, and such additional or different terms shall (a) be of no force or effect, (b) be deemed objected to by Black Bear without need for further notice of objection and (c) not, in any circumstance, be binding on Black Bear unless expressly accepted by Black Bear in writing. No course of dealings between Black Bear or its agents shall in any way terminate, amend, modify or supplement this Policy.
It is the intent of Black Bear to process coupon reimbursements in the most efficient and cost effective way possible, to ensure that we can continue to provide consumers the promotional incentive that coupons offer.
Redemption at the Store
1. Coupons are redeemable only by a consumer purchasing the Branded Product for specific product indicated on the coupon (i.e. the specific brand, size and quantity indicated), prior to the expiration date, with face value of the coupon deducted from your retail-selling price. Only one coupon will be honored for each item purchased and cannot be combined with any other offer. Black Bear shall not be responsible for any additional coupon promotion costs, including but not limited to costs associated with “coupon doubling” promotions.
2. You agree to take reasonable care in honoring coupon and to ensure that coupons are not reproduced or altered in any way or in uncirculated or mass -cut condition. You agree to submit coupons you have accepted from actual consumers and agree not to cut or submit coupons on your own behalf or on behalf of other retailers. Coupons that you redeem may not be reproduced, photocopied, trimmed, mutilated or altered in any way by you (retailer), your employees or your agents.
3. Coupons will be redeemed only at retail locations in the USA, its territories and at U.S. Military bases.
4. Coupons are non-assignable and are void if transferred from their original recipient to any other person, firm or group. Black Bear does not permit the unauthorized distribution, collection, sale, barter, exchange or assignment of its coupons for any reason. Therefore, coupons are not to be placed in swap boxes, taped to Branded Products, or placed on hooks near Black Bear products, gathered and distributed by any person or group for charitable fund-raising purposes, or otherwise used in a way except as described in section 1 above.
5. Coupons are void if taxed, restricted or prohibited by law.
6. The consumer must pay any applicable sales tax.
7. Coupon reimbursements and/or coupon adjustments MAY NOT BE DEDUCTED FROM PRODUCT INVOICES OR PURCHASE ORDERS. Invoice deductions and/or deduction fees VIOLATE this Policy. Without limiting the foregoing, honoring or submitting coupons does not give you any right to offset with respect to any Black Bear product invoices.
Processing Coupons for Payment
8. Coupon reimbursement against properly redeemed coupons will only be made by Black Bear or clearinghouses recognized by Black Bear as agents of retailers of Black Bear products for the redemption of Black Bear coupons. Only coupons received by Black Bear or clearinghouses recognized by Black Bear or clearinghouses recognized by Black Bear within six months of coupon expiration date will be honored.
9. Properly identified and redeemed coupons must be submitted:
a. Directly by you (retailer) , or
b. Through Black Bear authorized clearinghouses or billing agents recognized by Black Bear as agents of retailer of Black Bear products. Coupons from unauthorized intermediary agents will not be accepted. Disclosure of redemption data to a third party by retailer, clearinghouse, billing agent or other intermediary agency is strictly prohibited.
10. You agree that you will comply with all applicable laws and regulations in accepting and submitting coupons, including IRS reporting requirements, such as obtaining an appropriate taxpayer identification number.
To redeem coupons for Black Bear, send properly redeemed coupons to:
Black Bear COUPON REDEMPTION
5701 Tacony Street
Philadelphia, PA 19135
Policy for Payment and Denials
11. You will be reimbursed for the following amounts:
12. Face value of coupons or, if the coupon calls for free merchandise, for the retail selling price (up to the stated cap amount), plus
13. $ .17 per coupon “Customer Handling Fee” for each coupon properly redeemed*
a. Black Bear has developed a set cost per coupon above face value of $.17 per coupon referred to by Black Bear’s as “Customer Handling Fee” to fully compensate the Customer and their agents for all associated costs, including all handling and transportation expenses of any kind. Black Bear will not pay any additional fees or cost related to postage, shipping or transportation fees. Due to system limitations and for ease of reconciliation of the $.17 per coupon Customer Handling Fee will be computed in the following manner when a retailer or their clearinghouse submits an invoice for payment and settlement $.08 per coupon handling fee plus a supplemental handling fee of $.09 (billed as shipping/postage) per coupon to arrive at the $.17 per coupon Customer Handling Fee. Black Bear will not pay any additional deduction fees or costs related to postage, shipping, transportation, and/or miscellaneous fees.
14. The Customer Handling Fee mentioned above constitutes full and complete compensation to the Customer and its agent for the customary and reasonable expenses incurred in processing the coupon from point of sale to redemption at Black Bear designated site. The Customer Handling Fee takes into account the total cost of coupon handling by the Customer and its agent, including postage, shipping, and transportation, when reasonable and efficient coupon processing methods are utilized by Customer and agent. Other expenses, such as clearinghouse charges and handling fees, are costs negotiated between Customer and its clearinghouse or agent, and are not the responsibility of Black Bear and therefore the fees involved will not be passed to Black Bear.
15. The Customer agrees not to take unauthorized deductions from Black Bear product invoices for any amounts relating directly or indirectly to coupon redemption. If such authorized deductions are made, Black Bear reserves the option to take action, including but not limited to, suspending shipments/credit to the Customer and /or a reduction in the Customer’s promotional funding to offset any and all unauthorized coupon related deduction balances.
16. Black Bear’s or Black Bear’s agent’s actual count of coupons received shall be final and shall govern their repayment.
17. Black Bear reserves the right to request evidence of proof of purchase to show that sufficient stock was purchased to justify the number of coupons submitted and reserves the right to audit the coupon sorting and billing service of any retailer or any agent involved in the handling process.
18. You agree that you shall bring any claim or lawsuit involving coupon processing or payment disputes within one (1) year of original date of coupon payment or such claims shall be deemed extinguished. Any such lawsuit shall be filed and conducted in a state or federal court located in New Jersey and shall be governed by the substantive laws of the State of New Jersey. Each party shall be responsible for its own attorneys’ fees and costs.
19. If false or misleading verification information is provided on a questionnaire to Black Bear or certified clearinghouse, redemption privileges with Black Bear may be permanently terminated.
20. The cash redemption value of each coupon is 1/100 of one cent.
21. Each shipment of coupons will be considered as a whole and Black Bear reserves the right to refuse payment for an entire shipment if any portion of the shipment is found to be improperly redeemed.
22. You acknowledge that it FRAUD to present coupons for redemption other than as provided by this Policy. You, for yourself and your agent(s), hereby authorize us to do all things necessary to ensure compliance with this Policy and agree to cooperate with any investigation of improper redemption or fraudulent activity whether such investigation is conducted directly by Black Bear, or by postal authorities or federal or state investigators. You, for yourself and your agents, further agree to assist in referring pertinent information to the fraudulent or unlawful redemption of coupons to federal or state enforcement agencies. Without limiting the foregoing, Black Bear reserves the right to forward coupons to and related records which Black Bear judges to be misredeemed, to law enforcement agencies for their review and investigative purposes.
23. YOU AGREE THAT FAILURE TO OBSERVE THESE TERMS AND CONDITIONS FOR PROPER REDEMPTION OF ANY PART OF COUPONS SUBMITTED FOR REDEMPTION MAY, AT THE SOLE OPTION OF Black Bear, VOID ALL COUPONS SUBMITTED FOR REIMBURSEMENT AND ALL COUPONS MAY BE RETAINED AS PROPERTY OF Black Bear, WITHOUT PAYMENT. THE EXERCISE, FAILURE TO EXERCISE OR WAIVER IN WHOLE OR IN PART OF ANY RIGHT, REMEDY OR DUTY PROVIDED FOR IN THIS POLICY WILL NOT CONSTITUTE THE WAIVER OF ANY PRIOR, CONCURRENT OR SUBSEQUENT RIGHT, REMEDY OR DUTY UNDER THIS POLICY
24. YOU AGREE TO MAKE SURE ALL PERSONNEL WITHIN YOUR ORGANIZTION AND ALL OF YOUR AGENTS COMPLY WITH THIS POLICY.
25. Black Bear RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO ANY PARTY, TO MODIFY, SUPPLEMENT, REVISE OR ELIMNATE ANY OF THE TERMS AND CONDITIONS OF THIS POLICY