Sundance Cinemas Seattle Loyalty Terms


  

Sundance Cinemas Partners Loyalty Program

Terms and Conditions

 

INTRODUCTION TO THE PROGRAM

Welcome to the Sundance Cinemas Partners Loyalty Program (“Program”).  This is a BETA program operated by Sundance Cinemas LLC (“we,” “us,” “our,” “ours” or “Sundance Cinemas”) in association with the Sundance Sunset Cinema.

The following terms and conditions (“Agreement”) govern your membership in the Program and constitute an agreement between you and Sundance Cinemas.  Participation in the Program subjects you, as a member of the Program (“you,” “your,” “yours” or “Member”), to such terms and conditions, which may be amended from time to time as explained further below.

I.                    GENERAL MEMBERSHIP TERMS

A.                  Program Eligibility.  Membership in the Program is currently open to persons 18 years of age or older who are residents of the Seattle-Tacoma market.  Membership is valid, and membership points may be earned and redeemed, only at the Sundance Cinemas in Seattle (the “Theater”).  [NJ1] [JM2] By participating in the Program, you are representing to us that you satisfy these Program eligibility requirements.  We reserve the right to refuse or restrict participation in the Program, without liability to you or any third party, if and to the extent that you have violated any applicable law, or if your participation would violate applicable law.  

Applicable Policies.  As a Member of the Program, you expressly agree to be bound by the terms and conditions of (i) this Agreement, (ii) our Privacy Policy at www.sundanceCinemas.com/Privacy-Policy.html (discussed further below), and (iii) our Points Accrual and Redemption Policy [https://www.sundancecinemas.com/sea-loy-accrual-rewards-policy.html] (discussed further below), each of which may be revised from time to time.  We encourage you to print or otherwise retain a copy of this Agreement for your records.  We may revise this Agreement, in whole or in part, or any aspect of the Program at any time, without notice, effective immediately upon posting the revised Agreement at [https://www.sundancecinemas.com/sea-loyalty-terms.html].  Except as prohibited by applicable law, such revisions shall apply to all Members, including Members who enrolled before the posting of such revisions, even if such revisions may affect the value of points earned or redeemed before such revisions.  You are responsible for checking our website periodically for any such revisions.  You will know if this Agreement has been revised by comparing the effective date located at the end of this Agreement with your retained copy of the Agreement.  In order to participate in any offers or promotions offered by Sundance Cinemas or our advertisers, sponsors or partners (including but not limited to free movie tickets), you will be required to comply with the terms and conditions of such offers or promotions published at the time of such event.

Should you object to any of these terms and conditions, or any subsequent revisions, or become dissatisfied with the Program, your only recourse is to immediately discontinue participation in the Program and properly cancel your membership in the manner provided below.

Account Registration.  To become a Member of the Program, you will be required to register for an account either at the Theater or using our online registration form, available at https://www.sundancecinemas.com/sea-loyalty.html .  Upon completing your registration, either at the Theater or online, you will receive a confirmation email.  You may access your account online at [https://www.sundancecinemas.com/?cinema=1] to redeem points for Program Rewards or check your point balance. 

You agree to provide us true, accurate, current and complete information about you on the Program registration form, which will include your name, age, e-mail address and phone number, and any other information we may request from time to time.  Please note that your phone number will be used as your “Member ID.” 

You further agree to promptly update such information to keep it true, accurate, current and complete, by accessing your account online or by visiting a Theater representative.  Failure to provide or update your information as required here may result in the termination or suspension of your account, which may result in the loss of your Program benefits.  During your membership in the Program, you may be asked to provide additional information to help us get to know you better [, but you are not obligated to provide such additional information unless instructed otherwise] .  

In connection with your Member ID, you will be required to select a password[in order to access your account online.  You are solely responsible for maintaining the confidentiality of these login credentials (Member ID and password), and you are solely responsible for all use of your login credentials to access your account, whether authorized by you or not.  We strongly recommend that you log out of your account when not in use.  You agree to notify us immediately of any unauthorized use of your Member ID or password or any other breach of account security.  Access and use of a Program account is restricted to authorized Members.  Individuals, including Members, attempting to access any restricted areas of the Program without authorization may be subject to prosecution.

The collection and use of any information you provide to us during registration or participation in the Program will be governed by our Privacy Policy [www.sundanceCinemas.com/Privacy-Policy.html], currently in effect.  By registering for and participating in the Program, you agree to the terms of our Privacy Policy [www.sundanceCinemas.com/Privacy-Policy.html].   

We do not knowingly collect information about individuals under 13 years of age.  If you are a parent or guardian or other person and become aware of information collected by us from an individual under 13 years of age, please contact us immediately at SeattleLoyalty@Sundancecinemas.net, (2) at the Theater, or (3) by regular mail to Sundance Cinemas LLC Membership Program c/o Sundance Cinemas Houston 510 Texas Street, Houston, Texas 77002. 

B.                  Transferability.  Program accounts and points are non-transferable; however, Program Rewards can be used by anyone to whom you have authorized to use the Program Reward.  Please keep your Program Rewards secure, as we will not be responsible or liable for any use of your Program Rewards that was not authorized by you.  You further agree not to forward to others or publish on any public website any offers or promotions made to you without first obtaining our express written permission.   All offers and promotions are specific to your membership unless otherwise stated.

C.                  Cancellation.  You may terminate your membership in the Program at any time, for any reason, by notifying us (1) by e-mail at

SundanceLoyalty@sundancecinemas.net, (2) at the Theater, or (3) by regular mail to Sundance Cinemas LLC Membership Program c/o Sundance Sunset Cinema 4500 9th Ave, NE, Seattle, WA. 98105. Upon such cancellation, your participation in the Program shall immediately cease and any unredeemed points shall be forfeited.  You may not earn or redeem points after cancellation.  Please note that, in some cases, you may continue receiving messages, including messages that were scheduled for delivery prior to cancellation, for a brief period of time after you cancel your membership.

D.                  Termination or Suspension of Membership.  We may terminate or suspend your membership at any time, for any reason, without liability to us.  In such case, your participation in the Program will be terminated or suspended ninety (90) days after notice to you, and any points that remain unredeemed after such time shall be forfeited.  Upon your untimely death, your membership will terminate immediately.

If we believe that you have violated or acted inconsistently with the terms or intent of this Agreement, we may terminate your membership (which may result in the immediate forfeiture of unredeemed points), suspend your membership (which may preclude you from earning points or using points to redeem Program Rewards), cancel any purchase orders, forfeit any unredeemed points, prevent you from using any Sundance Cinemas website, or take appropriate legal action against you.  Grounds for such actions by us include (1) your failure to provide or maintain true, accurate, current and complete account information, (2) your abuse of your membership privileges in the Program, including committing fraud on or causing harm to Sundance Cinemas, our partners or other Members of the Program, (3) any attempt by you to accrue points or redeem points for Program Rewards fraudulently or through other than legitimate channels or tamper with the points accrual or redemption process, or (4) your violation of applicable law or the terms of this Agreement.  Sundance Cinemas shall be the sole arbiter in cases of suspected abuse, fraud, or violation of this Agreement and any decision it makes relating to the termination or suspension of your membership (including, but not limited to, forfeiture of points) shall be final and binding.

We may also terminate your account for account inactivity, which may occur due to your failure to earn points or redeem points for a period of [18] consecutive months, immediately and without notice.  Upon such termination, all points in your account will be immediately forfeited.

The failure to exercise or enforce any right hereunder or any other provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sundance Cinemas in writing.

E.                   Changes to or Termination of the Program.  We reserve the right to terminate or alter any or all aspects of the Program, including Program Rewards, at any time and for any reason, without liability to you, other Members or third parties.  If we terminate or alter the Program, we will notify you by posting a notice on our webpage or at the Theater.  If we terminate the Program, you will have ninety (90) days from such notice to redeem points from Program Rewards.

II.                  PROGRAM BENEFITS

Earning Points.  Upon activating your account, you may begin earning points by providing your Member ID at the time of (i) purchasing movie tickets, either at the Theater or online at www.sundancecinemas.com, or (ii) when purchasing food or drinks at the Theater (collectively, “Eligible Purchases”), subject to any limitation that we may impose, at our sole discretion, on opportunities to earn points.  You must present your Member ID before the conclusion of the transaction in order for points to be earned for that transaction.  .  Points are accrued according to the Points Accrual and Redemption Policy [https://www.sundancecinemas.com/sea-loy-accrual-rewards-policy.html] currently in effect at the time of purchase. 

Points will be credited to your account within approximately twenty-four (24) hours after completing an Eligible Purchase.  You may check your point balance at any time online by accessing your account or by asking for your account balance at the Theater.  We will not be responsible for, or liable to, any Member, person or entity, in any way for any losses, costs or expenses incurred by a delay in crediting points to a Member's account.  Points accrued or earned by a Member in any transaction may only be redeemed in a separate, subsequent transaction. 

Points (i) may not be transferred, purchased, sold, bartered or brokered, (ii) have no cash value and (iii) are not redeemable for cash unless required by applicable law.  Unredeemed points do not constitute property of the Member, nor are unredeemed points transferable by the Member upon death, as part of a domestic relations matter or otherwise.  Points may be taxable to the Member where required by law.  In the event of technical failures or difficulties, you may not be able to earn points, and you are not entitled to any cash compensation as a result of such technical failures or difficulties.

Points will expire: (i) immediately, if you do not earn or redeem any points within the last eighteen(18) consecutive months, or (ii) after ninety (90) days from termination of the Program by us.

  1. Redeeming Points

You may redeem your points for Program Rewards, which are described in more detail in our Points Accrual and Redemption Policy [https://www.sundancecinemas.com/sea-loy-accrual-rewards-policy.html].  To redeem points, you must maintain an active and up-to-date membership in the Program, and present a valid Member ID at the time of redemption.  Currently, you may only redeem points for Program Rewards in-person at the Theater Or Online.. [BH15]   Note that certain items at the Theater, such as alcoholic beverages, are not Program Rewards available using points.  You must have enough points accumulated in your account to redeem a Program Reward.  You may not use a combination of points and cash or credit to acquire Program Rewards, nor can you combine points from different Member accounts to acquire Program Rewards.  In the event of technical failures or difficulties, Program Rewards may not be available at the Theater, and you are not entitled to any cash compensation as a result of such technical failures or difficulties.

Points will be subtracted from your account immediately after redeeming the Program Reward. Subject to the sole and absolute discretion of Sundance Cinemas, points may be refunded to your account if the Program Reward that you have requested is unavailable, cannot be delivered, or is defective. 

Points may be redeemed only for Program Rewards offered by Sundance Cinemas or our authorized partners and sponsors.  Program Rewards are subject to availability, and we reserve the right to limit the redemption of specific Program Rewards and limit the number of Program Rewards available at any particular point-spending level.

III.           LEGAL PROVISIONS

  1. Waiver of Claims

Participation in the Program and any of its associated benefits, including the Program Rewards, is at Member’s sole risk.  The Program Rewards and other Program benefits are provided only on an “as is” and “as available” basis.  Member hereby releases and waives any and all claims against Sundance Cinemas and its subsidiaries, divisions, agents, affiliates, representatives or licensors (collectively, the “Program Providers”) arising out of, or in connection with, Member’s enrollment or participation in the Program, the availability, redemption, or use of any Program Reward, the information available thereon, the modification or termination of this Program or any aspect of the Program. 

  1. Limitation of Liability

The Program Providers shall not be liable to Member or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages, including, but not limited to, loss of profits, goodwill use, data or other intangible losses, arising out of Member’s (i) access or use of, or inability to access or use, the Program or the Program Rewards, (ii) unauthorized access to or alteration of Member’s Program account data, including points, (iii) access or use of, or inability to access or use, information made available through the Program or arising out of any action taken in response to or as a result of any information available through the Program, or (iv) any other matter relating to the Program.  In addition, we are not responsible, and assume no liability, for any changes or discontinuances of goods or service from our suppliers, which may affect the availability of Program Rewards or the accrual of points.

  1. Disclaimer of Warranties
  1. The Program Providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, warranties related to the availability of seating for a particular performance or exhibition or the availability and use of Program Rewards, and any warranties that the Program will be uninterrupted, timely or error free.  No advice or information, whether oral or written, obtained by a Member from or through the Program or Sundance Cinemas shall create any warranty not expressly made herein.  Sundance Cinemas shall not be liable or responsible for any guarantees, warranties or representations, if any, offered by advertisers, manufacturers of merchandise, or suppliers of services.
  2. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages.  Accordingly, some of the above limitations and exclusions may not apply to you.
  1. Promotions
  1. You acknowledge and agree that Sundance Cinemas neither endorses the contents of any offers or promotions made by our advertisers, partners, and sponsors, appearing on, or linked through, the Program website, or the web sites of our advertisers, partners or sponsors, if any, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising thereof, or any fraud or other crime facilitated thereby.  We assume no liability, obligation or responsibility for any part of such offer or promotion, including, without limitation, withdrawal or modification of any such offer or promotion.
  2. You understand that, in some cases, there may be delay in the crediting of points from offers and promotions of our advertisers, partners or sponsors due to their failure to provide us with the necessary information to credit points to your account, or for any other reason.  You agree that Sundance Cinemas shall not be responsible or liable for any losses, claims, costs or expenses incurred as a result of any such delay or failure to credit points.
  1. Indemnification

You agree to indemnify and hold Sundance Cinemas, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) your participation in the Program, (ii) your use of any Program Reward, or (iii) your violation of this Agreement.  

  1. Governing Law; Arbitration; Class Action Waiver

1.       This contract shall be governed by the law of the State of California, excluding its conflicts of laws principles.

2.       Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Seattle, WA, under the Commercial Arbitration Rules ("Rules") of the American Arbitration Association (including without limitation the Supplementary Procedures for Consumer-Related Disputes) by three arbitrators appointed in accordance with the Rules.  Judgment on the award shall be final and may be entered in any court having jurisdiction thereof.   Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party, and not as part of any purported class or representative proceeding nor under any private attorney general theories of liability or prayers for relief.  You further agree that a jury trial shall be waived.  You and Sundance Cinemas agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.  

3.       The foregoing arbitration procedures shall not preclude Sundance Cinemas from seeking any injunctive relief in state or federal courts for protection of its intellectual property rights (including such rights of its licensors).

4.       You understand, acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Program or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

  1. Acknowledgement
  1. This Agreement, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between Sundance Cinemas and Member relating to the subject matter hereof and supersedes any prior versions of this Agreement as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.  Any user of any portion of the Program is deemed to have accepted the terms and conditions of this Agreement.
  2. If any provision of this Agreement is held by the arbitrators to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
  1. Proprietary Rights

You acknowledge that Program content (including but not limited to text, sound, photographs, graphics, button icons, digital downloads, data compilations (including Member and Sundance Cinemas information) logos or other material contained in any Sundance Cinemas communication, advertisement or message, whether by Sundance Cinemas or its advertisers), information about Sundance Cinemas and its services, copyrights, trademarks, service marks, trade names, and software are protected by copyright, trademark, service marks, patents and/or other proprietary rights and laws; therefore, any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Sundance Cinemas or its appropriate affiliate or licensor.  Sundance Cinemas does not license any sponsor, advertiser, partner, Member or user to use any portion, or all, of the Program without our express prior written consent.

  1. Notices

Notices given by Sundance Cinemas will be transmitted, in our sole discretion, by e-mail or regular mail to the addresses on file with your account, or by general posting on the Program website or at a Theater.  Subject to our Privacy Policy [www.SundanceCinemas.com/Privacy.html ], we reserve the right to send you advertising, marketing materials, and other Program communications, from time to time, including system updates, bulletins, point earnings, Program Reward redemption confirmations, administrative announcements and special requests.

We welcome any questions, comments and suggestions about the Program.  Questions or correspondence regarding the Program’s operations and any security and privacy issues should be directed to Member Services by clicking here, or writing to us at SundanceLoyalty@sundancecinemas.net.

EFFECTIVE DATE:  July 19, 2013 

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