Megaplex Theatres

Terms & Conditions

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Terms &amp. Conditions These Terms and Conditions govern use of the Megaplex website, the Megaplex mobile app, and the MyMegaRewards program. The Megaplex website and mobile app (together, the “Site”) is an online store where you can purchase movie tickets through Megaplex Theatres (“Megaplex Theatres,” “us,” “our,” “we”) subject to your compliance with the Terms and Conditions set forth below. The MyMegaRewards program is operated by Megaplex Theatres. As an individual participant in the MyMegaRewards program (hereinafter, “Member”), you can earn points and access Member benefits which may include, among other things, discounts, coupons, special offers, screenings, and other Member-only benefits (“Rewards”). Rewards are offered on a first-come, first-served basis due to limited quantities. Available Rewards are subject to change and may be subject to age-related restrictions solely at our discretion. ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND MEGAPLEX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. 1. ACCEPTANCE OF TERMS OF USE Please read the following information carefully before using the Site or MyMegaRewards. By using the Site and/or the MyMegaRewards program, you acknowledge that you have read and understood the Terms and Conditions, accept these Terms and Conditions, and agree to be bound by them when changed periodically. Megaplex reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms and Conditions at any time, and after any changes to these Terms and Conditions have been posted, you accept those changes. Any changes to the Terms and Conditions will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If you do not agree to any change(s) to the Terms and Conditions, you must notify Megaplex to terminate your Account and/or you must delete the Megaplex mobile app. 2. PARTICIPATION IN MYMEGAREWARDS 2.1 Participation: Enrollment, membership, and all related benefits of MyMegaRewards are offered at our sole discretion. MyMegaRewards membership is open to all guests fourteen (14) years of age and older. Other exclusion will be based on the judgment of Megaplex Theatres. By starting a MyMegaRewards membership you do hereby give your consent to Megaplex Theatres to utilize personally identifiable information including Name, Address, Phone number, Email address, Gender, Birth Date, Movie Preferences, and Favorite Movies to supply products and services, and to activate or manage your online or mobile app accounts. Megaplex also reserves the right to utilize your personally identifiable information to communicate current promotions and product launches, alert you to changes on our website or mobile applications, and to provide you with e-mail offers, the latest film releases, entertainment news, and other information on products and services that may be of interest to you. When you provide personally identifiable information to Megaplex, you agree to: (a) provide accurate, current, and complete information. and (b) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or Megaplex has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Megaplex reserves the right to terminate any account you establish in connection with your use of the website or mobile applications and refuse all current or future use of the site or any portion thereof. For more information on how Megaplex collects and utilizes personally identifiable information and how to opt-out of communications from Megaplex, please refer to our Privacy Policy. Megaplex reserves the right to unilaterally modify, suspend, or discontinue all or any portion of the MyMegaRewards program without notice in accordance with these Terms and Conditions. MyMegaRewards accounts are non-transferrable. You may not sell, exchange, charge or otherwise dispose of any points or Member Benefits except in accordance with these Terms and Conditions. 2.2 Enrollment: To enroll you must meet the terms for participation established by Megaplex. Once a MyMegaRewards account is created and/or activated, we will establish an account in your name (“Account”) and your Member identification number (“User ID”) will be your 10-digit phone number. Access to your MyMegaRewards Account is through the Megaplex Rewards website. There is no fee to enroll in MyMegaRewards. Enrollment is limited to one Account per Member per phone number. 2.3 Earning Points: Points may be earned through making purchases on the Site and at participating Megaplex locations, and may be offered through promotional email communications. Points are earned for purchases on the Site and at participating Megaplex locations at a rate of one hundred (100) points per one (1) dollar spent. To qualify to accrue points, you must identify yourself as a Member by presenting your User ID when transacting on the Site and at participating Megaplex locations. Points you accrue because of your transactions on the Site and at participating Megaplex locations will be posted to your Account. Points will normally be posted to your Account within twenty-four (24) hours from the time of your purchase at participating Megaplex locations, and within twenty-four (24) hours of your purchased showtime when purchasing tickets from the Site, but we do not assume any liability for a failure to do so in a timely manner. You are solely responsible for checking your Account regularly to ensure that your points are properly credited. If proper credit does not appear on your activity statement, you should contact us at rewards@megaplextheatres.com and then provide any requested documentation to verify your purchase. We reserve the right to determine whether points should have been posted to your Account and to adjust your Account accordingly. Some Megaplex locations may not participate in MyMegaRewards. Membership entitles you to earn points only from those Megaplex locations participating in MyMegaRewards. We may refuse to record or honor points in your Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded points if the point-issuing Megaplex location tells us to cancel the points (for example, because you returned or did not pay for products or services for which the points were issued). Neither we nor any participating Megaplex location is responsible for any Reward or offer which is no longer in effect or has expired. If you believe that any Account summary showing the number of points in your Account is in error, you must notify the point-issuing Megaplex location, or contact us at rewards@megaplextheatres.com, within thirty (30) days of the date the points were or should have been issued or it will be deemed correct. You may be required to submit documentation (such as receipts) to support your claim. Points have a value of 1/100th of one cent and are not redeemable for cash. Points are not eligible for re-sale or exchange. MyMegaRewards members may earn a maximum of 30,000 points total may be earned within a 24-hour period At Megaplex Theatres' sole discretion, non-point-based offers may occasionally be made available to active MyMegaRewards members. These offers will be made exclusively to MyMegaRewards members and will not be available the general public. They may require an accompanying purchase and will only be valid for redemption via the mobile app, website or at at a Megaplex Theatres location for the period of time specified on the promotional material. They are not eligible for exchange, resale, or other financial remuneration. Offer eligibility is not guaranteed and special offers may be subject to supply limitations. 2.4 Adjustments: In the case of any failure by you to follow these Terms and Conditions or any other fraud or abuse related to MyMegaRewards, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding points have been credited, as determined by us in our sole discretion, we reserve the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of the points earned through MyMegaRewards may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Reward you received upon redemption of points that are subsequently deducted from your Account. 2.5 Redemption of Points: Points may be redeemed for rewards during check-out on the Site or at any participating Megaplex Theatres location. Each reward is valid for one item only. You may upgrade a free concession item to a larger size of the same item if you pay an upgrade fee. MyMegaRewards points expire sixty (60) months from the date that they are earned if not redeemed and remain subject to Sections 2.6 and 2.7 below. Additionally, Accounts that exceed thirty-six (36) months of inactivity will be automatically closed and any points previously earned will be forfeited. An account is considered active if points have been earned or redeemed for rewards within the last thirty-six (36) months. We will not be taken to have waived any of our rights even if we redeem points or honor Rewards when not required. 2.6 We may, in our sole discretion, at any time and without prior notice: (i) Discontinue transmitting all or any part of the Content (as defined below) related to MyMegaRewards; (ii) Change, discontinue or limit access to MyMegaRewards or any functionality, feature or other component of MyMegaRewards. or (iii) Suspend or terminate your use of or access to MyMegaRewards or your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions. You may elect to close your Account at any time by notifying Megaplex Theatres at rewards@megaplextheatres.com. Upon closure, any rights to redeem points from that Account are lost. 2.7 Termination, Changes, and Breach: We may change any aspect of MyMegaRewards, including issuing and redemption procedures or any Rewards in any respect, all without notice. For example, but without limitation, we may add, delete or change participating Megaplex Theatres locations, time limits for collection, redemption or use of points or Rewards. redemption conditions or procedures. or the value of purchases required for any Reward. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. If you commit fraud. you misrepresent any information. you violate any Terms and Conditions. you abuse your MyMegaRewards privileges. or you act in any other way to our detriment, our participating Megaplex Theatres locations, or MyMegaRewards we may, without affecting our other rights, terminate your enrollment and/or cancel your points and disclose only appropriate information requested by proper authorities. If points expire or are cancelled for any reason, they become void without compensation. 3. Use of the Site, and MyMegaRewards 3.1 Disclaimers: THE INFORMATION, PRODUCTS AND SERVICES ON THE SITE AND IN MYMEGAREWARDS ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. MEGAPLEX THEATRES DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THE SITE OR MYMEGAREWARDS GENERALLY, EXPRESSLY OR IMPLIED FOR ANY PURPOSE, DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, ONLINE MERCHANTABILITY OR FITNESS FOR A PURPOSE. MEGAPLEX THEATRES WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE SITE OR MYMEGAREWARDS, OR ANY OF OUR PARTNERS. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE SITE AND IN MYMEGAREWARDS IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, MEGAPLEX THEATRES CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PURPOSE. POINTS AND REWARDS HAVE A VALUE OF ONE 100TH OF ONE CENT, CANNOT BE CONVERTED INTO ANY CURRENCY, AND MAY BE CANCELED AT ANY TIME. SPECIFIC REWARDS MAY EXPIRE UNDER THE TERMS OF THE PROMOTIONAL PROGRAMS ESTABLISHED BY EACH PARTICIPATING MEGAPLEX THEATRES LOCATION. Transactions upon which points are earned or redeemed and all Rewards are subject to all applicable legal rules and the terms and conditions set by the participating Megaplex Theatres locations, and the Site. MEGAPLEX THEATRES CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR MYMEGAREWARDS. 3.2 No Warranty: THE SITE AND MYMEGAREWARDS, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, MERCHANDISE, AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MEGAPLEX THEATRES MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE SITE, MYMEGAREWARDS, OR THE MATERIALS, INFORMATION, OR FUNCTIONS MADE ACCESSIBLE. MEGAPLEX THEATRES ASSUMES NO RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR MYMEGAREWARDS, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. MEGAPLEX THEATRES SHALL NOT BE LIABLE FOR ANY FAILURE OF THE SITE OR MYMEGAREWARDS ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF MEGAPLEX THEATRES. 3.3 Limitations of Liability: UNDER NO CIRCUMSTANCES SHALL MEGAPLEX THEATRES HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY EXPENSE, LOSS, COST, INJURY, DAMAGE, DELAY, ACCIDENT OR ANY OTHER MATTER OR THING WHATSOEVER (COLLECTIVELY, "COSTS"), HOWEVER SUFFERED OR CAUSED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) MYMEGAREWARDS OR YOUR PARTICIPATION IN MYMEGAREWARDS. (II) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING MYMEGAREWARDS OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM POINTS. (III) UNAUTHORIZED USE OF YOUR ACCOUNT OR USER ID. (IV) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT MYMEGAREWARDS MADE BY A PARTICIPATING MEGAPLEX THEATRES LOCATION OR ANY OF THEIR EMPLOYEES, OR ANY OTHER PERSON. (V) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF PARTICIPATING MEGAPLEX THEATRES LOCATIONS. OR (VI) YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE MERCHANDISE. THIS APPLIES EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH COSTS. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or twenty dollars ($20), whichever is less. 3.4 Indemnification: You agree to indemnify and hold Megaplex Theatres harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to, any breach by you of these Terms and Conditions, including without limitation, attorneys’ fees and costs and/or any claim related to Member’s participation in the MyMegaRewards program. Megaplex Theatres reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You further agree to cooperate as requested by Megaplex Theatres in the defense of any claim. You shall not in any event settle any claim without the written consent of Megaplex Theatres. 3.5 Member Obligations. Prohibited Actions: You agree that you will not, and will not permit others to: (i) Provide any unauthorized third party with access to the Site, MyMegaRewards or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to Megaplex Theatres (collectively, "Content") by any means; (ii) Modify, reverse engineer, reverse assemble decompile, reduce to human perceivable form or create derivative works based on the Site, MyMegaRewards or any of the software applications used by you in connection with your use of the Site or MyMegaRewards; (iii) Engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations and regulations of regulatory or administrative organizations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Site or MyMegaRewards; (iv) Disable any licensing or control features of the Site; (v) Introduce into the Site or into MyMegaRewards any virus or other code or routine intended to disrupt the Site or MyMegaRewards, alter or delete its Content, access confidential Content on the Site or MyMegaRewards, retrieve or record information about the Site or its users, or interfere with the operation of the Site or MyMegaRewards, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (vi) Merge the Site or MyMegaRewards with another program or create derivative works based on the Site or MyMegaRewards; (vii) Post any material in any form whatsoever on the Site or within MyMegaRewards that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity; (viii) Sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the content of or access to the Site or MyMegaRewards to others; (viii) Infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Site or MyMegaRewards, or remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or MyMegaRewards. or (ix) Otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site or MyMegaRewards. Except as expressly provided herein, Megaplex Theatres reserves all rights with respect to the Site and MyMegaRewards, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations. You recognize the great value of the goodwill associated with the Site and with MyMegaRewards and acknowledge that the Site, MyMegaRewards and all rights therein and goodwill pertaining thereto belong exclusively to Megaplex Theatres. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in MyMegaRewards or thereafter: (i) Attack the title or any rights of Megaplex Theatres in or to the copyrights, trademark, and other intellectual property in the Site or MyMegaRewards; (ii) Do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, and other intellectual property in the Site or MyMegaRewards; (iii) Claim (adversely to Megaplex Theatres or anyone claiming rights through Megaplex Theatres) any right, title or interest in or to the copyright, trademarks, and other intellectual property in the Site or MyMegaRewards; (iv) Misuse or harm the copyright, trademarks, and other intellectual property in the Site or MyMegaRewards or bring the Site or MyMegaRewards into disrepute; (v) For its benefit, directly or indirectly, register or apply for registration of Megaplex Theatres’ trademarks or any mark which is, in Megaplex Theatres’ reasonable opinion, the same as or confusingly similar to any of Megaplex Theatres’ trademarks. and/or (vi) For its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in Megaplex Theatres’ reasonable opinion, the same as, confusingly similar to or incorporates any of the Megaplex Theatres’ trademarks. 3.6 Copyright. Trademarks: Megaplex Theatres, or the applicable third-party owner, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents) patent applications, trademarks, trademark registrations service marks, trademark registration applications, trade names, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) on the Site and the MyMegaRewards website. Except as provided in these Terms and Conditions, you are strictly prohibited from modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directors, databases, listing or software obtained from the Site or the MyMegaRewards Page without the prior written consent of Megaplex Theatres. Systematic retrieval of content from the Site or the MyMegaRewards Page to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Site or the MyMegaRewards Page without written permission from Megaplex Theatres is strictly prohibited. Nothing on the Site or the MyMegaRewards Page shall be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any image, trademark, logo or service mark on the Site or the MyMegaRewards Page. Unless otherwise specified, the Site and the MyMegaRewards s Page are for your personal and non-commercial use only and you may print, copy and download any information or portion of the Site or the MyMegaRewards Page for your personal use only. Copying or downloading material from the Site or the MyMegaRewards Page does not transfer title to any material on the Site or the MyMegaRewards Page to you. If you copy or download any information or software from the Site or the MyMegaRewards Page, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any marks for any purpose, including, but not limited to, use in advertising or publicity pertaining to distribution of materials on the Site or use as metatags on other pages or sites on the World Wide Web without the written permission of Megaplex Theatres or such third party, which may own the marks. You are not authorized to use our logo as a hyperlink to the Site unless you obtain Megaplex Theatres’ written permission in advance, although we permit you to use our logo as a hyperlink to certain designated features of the Site for designated purposes. You agree to grant Megaplex Theatres an irrevocable, non-exclusive, royalty-free, sublicensable, transferable license to use, copy, display, distribute, perform, transmit, publish, broadcast, and prepare derivative works upon, anything transmitted to the Site or the MyMegaRewards Page by you. Megaplex Theatres reserves all rights to copyright and trademark ownership of its material at the MyMegaRewards Page and will enforce such rights to the full extent of the law. 3.7 Privacy. Collection and Use of Certain Information: These Terms and Conditions incorporate our Privacy Policy. 3.8 Passwords: When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated and enable you to access your Account. Passwords may not be shared or used by more than one individual. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You will maintain the confidentiality of the User IDs and passwords by which you access the Site, and will allow access to the Site only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither Megaplex Theatres nor any third party will contact you to solicit your User ID, or password. Therefore, you should not provide your User ID or password to any person whom you do not authorize to use your Account. Any use of your assigned user IDs or passwords will be deemed to be your use. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else’s account, username or password without permission. When creating your Account, you must provide accurate and complete information. In the event your password is lost or stolen it is your responsibility to notify Megaplex Theatres as provided in the Contact Us section. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT MEGAPLEX THEATRES HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. If you become aware of any breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your User ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Site or MyMegaRewards that would damage, interfere with or unreasonably overload the Site and/or MyMegaRewards. 3.9 Exclusions and Limitations. Consumer Protection Notice: If you are a consumer, the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of the provisions relating to third-party links herein do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Megaplex Theatres reserves all rights, defenses and permissible limitations under the law of your State of residence. 3.10 Payments and Refunds of Site Purchases: In using the Site, you agree to pay the amounts owed to Megaplex Theatres via Visa, MasterCard, Discover, and American Express credit cards, Megaplex Gift Cards, or any other payment methods currently accepted by Megaplex Theatres. If you purchase tickets on the Site with a registered account you can receive a refund in the form of a gift card if the showtime has not passed, or readmit passes if the showtime has passed at the Megaplex Theatres location where your tickets were purchased (excluding any booking fees) up to two hours prior to the start of the showtime. In the rare situations when a show is cancelled, you will be entitled to a refund for the full purchase price of your tickets, including any service charges. In these situations, please send an email to guestservice@megaplextheatres.com and include the theatre, movie, showtime, email address and your confirmation number. 3.11 Links: Links:, some links within the Site may lead to third-party sites. In addition, some Rewards can be claimed through links provided by movie studios or other third parties, which Megaplex Theatres may pass through to you. Megaplex Theatres includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that Megaplex Theatres is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. Megaplex Theatres reserves the right to terminate a link to a third-party web site at any time. The third-party sites are not controlled by Megaplex Theatres, and may have different terms of use and privacy policies, which Megaplex Theatres encourages you to review. Megaplex Theatres has no responsibility for the content of any third-party web site, and provides such links on an “AS IS” basis. UNDER NO CIRCUMSTANCES SHALL MEGAPLEX THEATRES BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, ANY THIRD-PARTY SITE. 3.12 least eighteen (18) years of age or older). If you are at least thirteen (13) years old but not of legal age to enter agreements, you MUST have permission from your parent or guardian. Megaplex Theatres makes no active effort to collect personal information from individuals under the age of thirteen (13). You must ensure that content you provide on any website or social media platform in connection with attempting to earn MyMegaRewards points is acceptable for viewing by users who might not be adults. 3.13 Controlled from the United States: The Site and MyMegaRewards are controlled from offices within the United States. Megaplex Theatres makes no representation that content or materials in the Site or MyMegaRewards are appropriate or available for use in other jurisdictions. Access to the Site, MyMegaRewards, content, or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Site or MyMegaRewards from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. 3.14 Not Authorized to do Business in Every Jurisdiction: Megaplex Theatres is not authorized to do business in every jurisdiction. Information published on the Site or MyMegaRewards may contain references or cross-references to goods or services that are not available in your state or country. 3.15 English Language: The official text of these Terms and Conditions or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, reference shall be made only to these Terms and Conditions as written in English and not in any translation into another language. 3.16 Arbitration: Except as prohibited by law, unless we otherwise elect, any dispute regarding these Terms and Conditions, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Megaplex Theatres. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms and Conditions for the first time. The Notice must be mailed to Megaplex Theatres Corporate Headquarters located at 9295 South State Street, Sandy, Utah 84070 to the attention of the Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms and Conditions, or any previous or future arbitration agreements that you have entered into with Megaplex Theatres. 3.17 Entire Agreement. Severability: These Terms and Conditions and the Privacy Policy, which is hereby incorporated into this Agreement by reference, constitute the entire agreement between you and us regarding your use of the Site, your participation in MyMegaRewards, your entitlement to collect and redeem points, and your entitlement to Rewards and any other benefits of MyMegaRewards, and supersede all previous versions or prior agreements oral or written, and any other communications relating to the subject matter of this Agreement. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with us over the Internet, you consent to the formation of contractual relations through electronic communications. We are the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Site, MyMegaRewards or any Reward. All materials and any notices from us will be sent to your address as in our records. please notify us if your address changes. The Site, MyMegaRewards, all rules and Terms and Conditions are governed by the laws of Utah. If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions. Contact Us: For further information, or inquiries about the Terms and Conditions and Privacy Policy, please contact guestservice@megaplextheatres.com Megaplex Theatres Corporate Office: 9295 South State Street Sandy, Utah 84070