America Cinemas Program Terms and Conditions
NOTICE REGARDING DISPUTE RESOLUTION: THESE AMERICA CINEMAS PROGRAM TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING AN AGREEMENT AND OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXEPTIONS, REQUIRE YOU TO SUBMIT TO CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION. UNLESS YOU OPT OUT TO ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Thank you for your interest in the America Cinemas Program. The America Cinemas Program is a customer loyalty program offered by Ready Theater Systems INC., whereby qualifying customers can use certain available discounts for admission to movies, as well as products sold at the theater; and earn and use program points in accordance with the terms and conditions set forth below. The following terms and conditions govern your participation in the program. By clicking on a checkbox to accept these Program Terms and Conditions, creating a Program account or registering your America Cinemas Gift Card or Rewards Card on this website, or otherwise using your registered America Cinemas Program Card, you acknowledge that you have read, understood, and agree to be bound by these Program Terms and Conditions as well as our general Terms and Conditions located at http://www.americacinemas.com/ , and that you agree to comply with all applicable laws and regulations with respect to the America Cinemas Program. IF YOU DO NOT AGREE TO THE PROGRAM TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT, REGISTER OR USE YOUR REGISTERED OR UNREGISTERED AMERICA CINEMAS REWARDS CARD OR AMERICA CINEMAS GIFT CARD, OR OTHERWISE PARTICIPATE IN THE PROGRAM. IF YOU DO NOT AGREE TO THE PROGRAM TERMS AND CONDITIONS, POINTS THAT HAVE ACCUMULATED ON AN UNREGISTERED AMERICA CINEMAS REWARDS CARD OR AMERICA CINEMAS GIFT CARD WILL NOT BE CREDITED TO YOUR ACCOUNT, AND YOU WILL NOT BE ABLE TO REDEEM POINTS THAT HAVE ACCUMULATED ON YOUR UNREGISTERED AMERICA CINEMAS REWARDS CARD OR AMERICA CINMEAS GIFT CARD.
Changes to or cancellation of the America Cinemas Program.
The Ready Theater Systems INC. reserves the right to change or cancel the America Cinemas Program, in whole or in part, at any time in our sole discretion, without notice or liability, even though such changes may affect the value of points already accumulated. Such changes or cancellations will be effective when posted on the website. Such changes may include, without limitation, changes in the terms and conditions for the accrual and award of points, changes in the terms and conditions for the redemption of points and other changes to the Program Terms and Conditions. Members, in accumulating points, may not rely on the continued availability of an award level. Please review the Program Terms and Conditions periodically to ensure that you are aware of any changes and are familiar with the most current version. Changes to the Program Terms and Conditions apply to all subsequent transactions and participation in the program. For Clarity, any change to or cancellation of these Program Terms and Conditions will apply to all persons who have created an account, registered or otherwise used their registered or unregistered America Cinemas Rewards Card or America Cinemas Gift Card, even those who enrolled or participated in the program before the Ready Theater Systems INC. made such a change or cancellation. If you do not agree to the updated Program terms and Conditions, you must cease participation in the program. Your continued participation in the program, including without limitation continued use of your America Cinemas Rewards Card or America Cinemas Gift Card, constitutes your agreement to the updated Program Terms and Conditions.
Eligibility for Membership in the America Cinemas Program.
Persons who are at least 18 years of age are eligible for membership in the America Cinemas Program. By creating an account or registering or otherwise using your America Cinemas Rewards Card or America Cinemas Gift Card, you certify that you meet these requirements. If you do not meet these requirements you may not participate in the program. To have points credited to your account and to redeem points, a member first must register his or her America Cinemas Rewards Card or America Cinemas Gift Card. Membership in the Program may be prohibited or restricted in some foreign countries. Nothing in these Program Terms and Conditions shall be read to override or circumvent such foreign laws.
Creating an Account and Registering America Cinemas Rewards Card and America Cinemas Gift Cards.
Members can create an account and register their unregistered America Cinemas Rewards Card or America Cinemas Gift Card on the website. To create an account or to register a card, you must provide certain information, including without limitation your name, phone number, house and email address. An account is created as a part of that process. By creating an account, registering your America Cinemas Rewards Card or America Cinemas Gift Card on the website or otherwise using your registered or unregistered America Cinemas Rewards Card or America Cinemas Gift Card, you become a member and acknowledge that you have read, understood and agree to be bound by these Program terms and Conditions. If a members America Cinemas Rewards Card or America cinemas Gift Card is lost or stolen and that card was not registered, any points that may have been accumulated with that unregistered card will not be credited to the member’s account and are forfeited. The Ready Theater Systems INC. therefore encourages all members to register their unregistered America Cinemas Rewards Card or America Cinemas Gift Card as soon as possible following receipt. Cards only need to be registered once, and if you have not already done so, you can visit https://70351.formovietickets.com:2235/app/rtsweb/loyalty/info to register an unregistered America Cinemas Rewards Card or America Cinemas Gift Card. If you are not sure whether your America Cinemas Rewards Card or America Cinemas Gift Card is a registered or an unregistered card, please contact us at firstname.lastname@example.org and we can assist you.
Each member is responsible for remaining knowledgeable about their account information, including, but not limited to, accumulated points, redeemed points and the Program Terms and Conditions. You can find your account information by logging in to your account on the website at https://70351.formovietickets.com:2235/app/rtsweb/loyalty/info . We may use the email address linked to your account to send you important information relating to the program, including special offers, information relating to your transactions with us, notices regarding your account, and notices regarding changes to the program, the Program Terms and Conditions. You accordingly agree to provide us your valid email address when setting up your account, and you also agree to keep the email address linked to your account up-to-date.
Accumulation of the America Cinemas Program Points.
As a member, you will accumulate points on your card each time you pay for admission to watch a movie or any product sold at the movie theater and present your America Cinemas Rewards Card or America Cinemas Gift Card at the time of payment. However, points will not be credited to your account for your use unless and until you have registered your card and set up an account. As the effective date of these terms and conditions, members will receive one (1) point for every dollar spent on admission to a movie or any products sold at the theater, excluding all taxes, and any additional fees. For purposes of awarding points, all dollars spent will be rounded to the nearest dollar. Points are not accumulated on: (A) You will not get points if you use your points to pay. (B) You will not get points for tax or additional fees. (C) You will not get points for anything that was cancelled, refunded, unused or fraudulent purchases or activities.
There may be some delay between eligible transactions and the posting of points in your account. If any points which you believe you have accumulated on your registered America Cinemas Rewards Card or America Cinemas Gift Card as provided herein are not credited to your account, you can contact us at email@example.com to request that such Points be credited. Additional information and documentation may be requested to verify your request. Retroactive discounts will not be given.
The activities and transactions eligible for earning Points and/or the amount of Points that can be earned are subject to change at any time by the Ready Theater Systems INC. in its sole discretion, without notice or liability.
No Transferability of the America Cinemas Rewards Card or America Cinemas Gift Card
The America Cinemas Rewards Card or the America Cinemas Gift Card are not transferable.
Expiration of Points
Points will expire, without notice, twelve (12) consecutive months after the latest activity on the America Cinemas Rewards Card or the America Cinemas Gift Card under which the Points were accumulated. Activity includes registering your America Cinemas Rewards Card or America Cinemas Gift Card. If you have more than one card and believe that you may be accruing Points under more than one of those cards, please contact us by email at firstname.lastname@example.org so that the Points being accumulated under those cards can be merged into one Account. You may be required to provide additional information and documentation, as required by the Ready Theater Systems INC. in our sole discretion, to verify and process your request. If a Member closes his or her Account, or requests that we delete his or her required Account information from our system (e.g. name, mailing address, email address or telephone number(s)), the Account and all Points in that Account will be terminated without further notice. If you are expelled from the Program, we have the right to cancel some or all of the Points you have accumulated in our sole discretion. In addition, if a Member’s America Cinemas Rewards Card or America Cinemas Gift Card is lost or stolen and that card was not registered, any Points that may have been accumulated with that unregistered card will not be credited to the Member’s Account and are forfeited.
Expulsion from the Program
Members may be expelled from the America Cinemas Program for any violation of the Program Terms and Conditions, as determined in our sole discretion, including but not limited to the following:
A. bartering or selling your America Cinemas Rewards Card
B. transferring an America Cinemas Rewards Card or America Cinemas Gift Card
C. breaching the terms and conditions applicable to one of our Movie Theaters
D. circumventing or gaming our revenue control systems, or otherwise engaging in fraud, abuse, misrepresentation, illegal activity, or other improper conduct; or
E. engaging in behavior that is offensive (being disrespectful, touching an employee or customer, not following the house rules of America Cinemas) either to our employees or other guests at America Cinemas.
8. Ownership of the America Cinemas Rewards Card
Your America Cinemas Rewards Card or America Cinemas Gift Card shall, at all times, remain the property of the Ready Theater Systems INC., and must be surrendered to the Ready Theater Systems INC. upon demand. The Ready Theater Systems INC. reserves the right to invalidate an America Cinemas Rewards Card or America Cinemas Gift card at any time in its sole discretion.
9. Additional Program terms
We reserve the right to provide additional operating rules or terms that may govern your participation in the Program or certain aspects thereof, including without limitation those relating to the redemption of Points, which additional operating rules or terms may appear, without limitation. Any Additional Program Terms are hereby incorporated by reference into these Program Terms and Conditions. To the extent any Additional Program Terms conflict with these Program Terms and Conditions, the Additional Program Terms will control.
11. Disclaimer of Liability
THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. THE READY THEATER SYSTEMS INC. MAKES NO WARRANTY OF ANY KIND RELATED TO THE PROGRAM AND/OR ANY PARTNER PROGRAMS, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT THERETO, WHETHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY) AND/OR ARISING BY STATUTE OR OTHERWISE IN LAW FROM DEALING OR USAGE OF TRADE.
12. Limitation of Liability
TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, NEITHER THE READY THEATER SYSTEMS INC. NOR ITS PARENT, SUBSIDIARIES, RELATED COMPANIES OR CONTROLLED AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SERVICE PROVIDERS, STRATEGIC PARTNERS OR DISTRIBUTION PARTNERS (COLLECTIVELY, “COMPANY ENTITIES”) SHALL BE LIABLE FOR, AND YOU HEREBY WAIVE YOUR RIGHT TO MAKE A CLAIM AGAINST THE COMPANY ENTITIES FOR, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING FROM, RELATING TO OR IN ANY WAY CONNECTED WITH: (a) THE USE OF OR PARTICIPATION IN, OR THE INABILITY TO USE OR PARTICIPATE IN, THE PROGRAM OR ANY PARTNER PROGRAMS; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA WHEN USING THE WEBSITE OR APP; OR (c) ANY OTHER MATTER RELATING TO THE PROGRAM, PARTNER PROGRAMS, THE PROGRAM TERMS AND CONDITIONS. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, EXCEPT FOR ANY GUARANTEE POLICY PASSES OF THE GENERAL TERMS AND CONDITIONS, THE COMPANY ENTITIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY INABILITY OR, FAILURE TO HONOR THE SALE OF ADMISSIONS TO MOVIES. IF YOU ARE DISSATISFIED WITH ANY OF THE PROGRAM TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION IN THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. Arbitration and Dispute Resolution Agreement.
PLEASE READ THE FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution. We are available by email at email@example.com to address any concerns you may have regarding your participation in the Program. Most concerns may be quickly resolved in this manner. We and you (each a “party” and together, the “parties”) shall use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Paragraph 20.A above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach) and/or your participation in the Program shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Paragraph 20.B shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exceptions – Intellectual Property Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief under law or in equity (including without limitation preliminary or other injunctive relief) in any court of competent jurisdiction for disputes or claims arising out of the alleged infringement of either party’s intellectual property rights.
Exceptions – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.
30 Day Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Paragraphs 20.B, 20.C, 20.D and 20.E by sending written notice of your decision to opt-out to the following address: 4200 South Freeway STE 1095 Fort Worth, TX 76115, Attention: Legal Department. The notice must be sent within thirty (30) days after the first of the following to occur: (i) the first date after the Effective Date on which you (a) create an Account on the Website, (b) sign in to your existing Account, (c) register your previously unregistered America Cinemas Rewards Card or America Cinemas Gift Card; otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Exclusive Venue for Litigation; JURY TRIAL WAIVER. To the extent that the arbitration provisions set forth in Paragraph 20.B do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in State of Illinois, Cook County (except for small claims court actions which may be brought in the county where you reside, provided that we are subject to jurisdiction there). The parties expressly consent to exclusive jurisdiction in the State of Illinois, Cook County for any litigation other than small claims court actions. The parties also expressly agree that, to the extent that the arbitration provisions set forth in Paragraph 20.B do not apply, these Program Terms and Conditions shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Illinois. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. THE PARTIES ALSO EXPRESSLY AGREE THAT, TO THE EXTENT THAT THE ARBITRATION PROVISIONS SET FORTH IN PARAGRAPH 20.B ABOVE DO NOT APPLY, THE PARTIES EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY.
Modifications. Any modification to Paragraph 20 shall not apply to any disputes of which we are aware or reasonably should be aware at the time of such modification, and will only apply to all disputes arising after such modification, regardless of whether such disputes arise from events or omissions that occurred before such modification.
The Ready Theater Systems INC. has the sole right to interpret and apply the Program Terms and Conditions. Points have no cash value and may not be redeemed for cash. Points are non-transferable and may not be shared among Members, their estates, successors or assigns. In addition, accumulated Points do not constitute the property of a Member and are non-transferable, including without limitation upon the death of a Member or as a part of any domestic relations matter. If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Program Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions hereof. Our electronically or otherwise properly stored copy of these Program Terms and Conditions will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Program Terms and Conditions in connection with any action or proceeding arising out of or relating to these Program Terms and Conditions. Our waiver of any violation of these Program Terms and Conditions will not be a waiver of any preceding or subsequent violation hereof. These Program Terms and Conditions constitute the entire understanding with respect to the subject matter hereof, and shall supersede any and all communications, negotiations, correspondence, course of dealings and other agreements regarding such subject matter.
Please contact us with any questions regarding the America Cinemas Program or the Program Terms and Conditions by email at firstname.lastname@example.org .