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Rewards Club Member Agreement and Privacy Policy

Southwest Theaters Rewards Club Member Agreement and Privacy Policy.

 

Welcome to the Southwest Theaters Rewards Club.  Southwest Theaters Rewards Club (“Rewards Club” or “Program”) is a loyalty program brought to you by Southwest Theaters, LLC (collectively “we,” “us,” “our,” “ours,” or “Southwest Theaters”).  This Agreement (“Agreement”) contains terms and conditions that govern your participation in the Rewards Club program.  By participating in Southwest Theaters Rewards Club, the participant or user (“you,”, “your,” “yours,” or “Member”) is subject to the terms, conditions, limitations, and requirements of this Agreement, as periodically amended.  Please review this Agreement closely.

 

  1. Agreement and Changes to Agreement. This Agreement may be found at TBD. Southwest Theaters reserves the right in its sole discretion to change this Agreement, in whole or in part, at any time without advance notice, including, without limitation, the value of rewards earned before or after the changes. Changes will be effective upon posting on TBD. It is your responsibility to periodically check for updates and changes in this Agreement at TBD. Any changes made to this Agreement will apply to all Members, including Members enrolled before the changes were made.
  2. Member Account Information. In order to ensure the proper delivery of rewards, you must submit and maintain accurate and complete user information in your Rewards Club Member profile, including your current name, mailing address, e-mail address, and telephone number. You may change and update that information by:
    1. updating your Member profile data at TBD,
    2. contacting Guest Services at any participating Southwest Theaters location.
  3. Advertising and Opt Out. Members participating in the Southwest Theaters Rewards Club program will receive advertising, marketing materials, messages, and other Southwest Theaters Rewards Club communications. If at any time you want to stop receiving messages and materials from Southwest Theaters Rewards club, you can opt out by calling Southwest Theaters, LLC customer service department at 1-702-248-0270, or send Southwest Theaters your opt-out request in writing to Southwest Theaters – Rewards Opt Out 2520 Saint Rose Parkway #208 Henderson, NV 89074.
  4. Membership Qualifications. Membership is valid only at participating Southwest Theaters locations in the United States. Membership is only open to individuals 13 years of age and older who reside in the United States. Southwest Theaters does 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 from an individual under 13 years of age, please contact Southwest Theaters immediately at 1-702-248-0270. Employees of Southwest Theaters and family members of such employees (or people living in the same household whether related or not) are not eligible to join Southwest Theaters Rewards Club. Corporations, partnerships, organizations, and other entities are not eligible for membership. Membership is limited to one account per person.
  5. Transfers of Memberships and Rewards. Memberships, earned rewards, and points (i) cannot be transferred, (ii) have no cash value, (iii) may not be purchased or sold, and (iv) are not redeemable for cash under any circumstances. Accrued rewards do not constitute property of the Member, nor are accrued rewards transferable by the Member upon death, divorce, dissolution, or for any other reason or purpose. Rewards and other benefits of the Program may be taxable to the Member where required by law. Rewards may not be used toward the purchase of Southwest Theaters gift cards and other ineligible products.
  6. Disqualification and Termination of Members. Southwest Theaters reserves the right, in its sole discretion and without advance notice, to disqualify you from membership or further participation in the Southwest Theaters Rewards Club if, in the sole judgment of Southwest Theaters, you (i) violate or may violate the terms of this Agreement, (ii) engage in any fraud or abuse relating to the accrual of rewards or redemption of rewards, (iii) misrepresent any information supplied by you to Southwest Theaters, (iv) abuse the Program; (v) engage in or threaten acts or omissions that may be harmful to, or damage the interests of, Southwest Theaters; (vi) allow your membership number to be used by third parties; or (vii) solicit rewards from other Members. Upon disqualification, you will forfeit your right to accrue rewards and use previously accrued rewards, and your membership will be terminated. In addition, Southwest Theaters reserves the right to take appropriate legal action to remedy any fraud you may have committed and to recover damages, attorneys’ fees, and court costs from you under applicable law.
  7. Voluntary Termination of Membership. Members may discontinue their membership at any time. If a Member cancels their Membership, they will not be entitled to any refund of any fees for the membership term during which such cancellation occurs. Members who cancel voluntarily may not reactivate their account but are eligible to open a new account without the benefit of the previously accumulated rewards balance.
  8. Cancelling the Program or All Rewards. We may, at any time with or without notice, cancel the Program, or change any or all of the rewards available under the Program.
  9. Usernames and Passwords. Members may be provided with usernames, passwords, or other codes or devices to gain access to restricted portions of the website, TBD. Each Member is solely responsible for the safekeeping, use, and maintenance of the confidentiality of his or her own password, username, or other code. You agree to defend, indemnify, and hold Southwest Theaters harmless from and against any liability or damages it may incur as the result of the improper or unauthorized use of your username, password, or other code.
  10. Lost or Stolen Membership Card. You are responsible for promptly notifying Southwest Theaters if your membership card is lost or stolen. You may provide such notice to a manager at a Southwest Theaters location or to a Southwest Theaters representative by calling Member Services at 1-702-248-0270. You will be liable for any transactions that occur with your membership card before the card is reported lost or stolen, and any unauthorized reward redemptions will not be credited back to your account. Southwest Theaters is not responsible for the use, accrual, or redemption of rewards and perks from an account that has been used without the Member’s permission. You agree to defend, indemnify, and hold Southwest Theaters harmless from and against any liability or damages it may incur as the result of the improper or unauthorized use of your membership card.
  11.   Contests and Sweepstakes. Members may from time to time be eligible for sweepstakes, contests, or other similar promotions. Participation in such events will be subject to the terms, conditions, and rules published at the time of such event, as well as applicable state laws.
  12.   Rewards Points. You earn 100 Reward Points per dollar on approved purchases made at participating Southwest Theaters. Points will accrue and can be redeemed as follows:
    1. At a balance of 5000, you can choose to redeem points for a free small popcorn (85oz bag), or you can choose to redeem points for a single concession item (up to $5). If you choose a single item that is lower than the $5 concession reward, you will not receive any reward points credited or any cash back.  Rewards have no cash value.  If you choose to redeem points for an item that is over the $5 concession reward amount you will receive $5 off that item and be responsible for the remaining balance.
    2. At a balance of 15000, you can choose to redeem points for a free movie ticket.  This Free ticket award is only available for movies that are not no-pass engagements.  No-pass engagement films will generally apply to all films in the first two weeks of release.

 Reward dollars when earned will expire in 60 days. Members will not receive credit for purchases exceeding $100 per day per account. The rewards dollars will appear in the Member’s account on TBD.

  1. Members cannot earn or redeem rewards dollars for the purchase of Alcoholic Beverages.
  1.   Purchases Not Eligible for Rewards Dollars. The following purchases and payments are not eligible toward earning Rewards Dollars.
    1. Purchases made when using a free box office pass or concession offer.
    2. Initial purchases of gift cards. (Gift cards may be used to earn rewards upon redemption.)
    3. Payments of auditorium or theatre rental fees.
    4. Tickets or concessions purchased for a group or organization auditorium buyout.
    5. Ticket or concession purchases that are refunded.
    6. Purchases made at a sublet space within a Southwest Theaters location.
    7. Any item or portion of an item that is purchased using rewards dollars.
    8. Charitable donations made to, or charitable products sold at, Southwest Theaters.
    9. Any Rewards Club fees.
    10. Surcharges or fees accessed by online retailer(s) for the purchase of goods and services such as movie tickets are not eligible to earn rewards dollars.
    11. Fee assessed for Birthday Parties.
    12. Alcoholic Beverages.
    13. Redemption of Southwest Theaters Rewards Club fulfillment tickets.
    14. Purchases made by an employee of Southwest Theaters.
  2.   Accrual and Redemption of Rewards Dollars. You may redeem rewards only at participating Southwest Theaters locations in the United States by
    1. (1) presenting your membership card in connection with a purchase and
    2. (2) notifying the Southwest Theaters employee at the time and point of sale that you want to redeem the rewards.

In order for purchases to be credited to Member’s account, Southwest Theaters Rewards Club cards must be presented when making the purchase or swiped when prompted at our Automated Box Office kiosk. If a Member forgets or loses his card, a phone number lookup may be attempted in order to access rewards*. In this instance the attendant must verify the identity of the Member by requesting a photo I.D. If the card swipe malfunctions, the computer is inaccessible, or if you forgot your card, original ticket stubs may be mailed along with full name, card number, and email address to Southwest Theaters, LLC – Rewards Club 2520 Saint Rose Parkway #208 Henderson, NV 89074. The SW Rewards Club card number must be entered in the appropriate area of the Southwest Theaters website transaction page to receive credit for a remote ticket purchase.  Credits are not available for tickets purchased on 3rd party ticketing sites.

*To look up an account by phone number, the account holder must present a valid ID with the registered account holder’s name; the account must have been registered online at least 24 hours earlier. Phone number look-ups are available to accrue rewards dollars but a physical Southwest Theaters Rewards Club card is required to redeem reward dollars.

  1.   Certain Conditions on Adjustments and Redemptions. The following conditions apply to redemptions.
    1. Manual Adjustments will only be made by the corporate office. Members must present receipts or ticket stubs for all manual adjustments to the corporate office by emailing contact@southwesttheaters.com or mailing to Southwest Theaters, LLC – Rewards Club 2520 Saint Rose Parkway #208 Henderson, NV 89074. No more than four manual adjustments will be allowed per Member in a single calendar year. Manual adjustments will only be made within 30 calendar days of the date of the Member’s original purchase.
    2. Rewards May Be Redeemed Only in Future Transactions. Rewards may not be used or redeemed as a part of the same transaction in which the reward was earned. Rewards may only be redeemed in future transactions during the term of the Program, subject to all of the conditions of this Agreement.
    3. Active Account Is Required to Earn or Redeem Rewards. In order to earn or redeem rewards, a Member’s account must be registered at TBD and available at the time of purchase or redemption. Members will not be credited or reimbursed retroactively for purchases made without an active and available account at the time of purchase or redemption. Registration may take up to 24 hours to update in the system.
  2.   Privacy Policy. Information you provide to Southwest Theaters and information collected by Southwest Theaters are covered in Southwest Theaters’ Privacy Policy as amended from time to time. The Southwest Theaters Privacy Policy is available online at TBD or you may obtain a copy by calling Member Services at 1-702-248-0270.
  3.   Disclaimers and Limitations of Liability. The following disclaimer and limitations of liability apply to this Agreement.
    1. YOUR USE OF THE Southwest Theaters Rewards Club PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS AND REWARDS IS AT YOUR SOLE RISK. THE MEMBERSHIP REWARDS AND BENEFITS ARE PROVIDED ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS.
    2. Southwest Theaters AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY “MEMBERSHIP PROVIDERS”)
      1. 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 AND NONINFRINGEMENT.
      2. MAKE NO WARRANTY THAT (i) THE SW Rewards Club PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE Rewards Club PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR RECEIVED BY YOU FROM YOUR USE OF THE SW Rewards Club WILL MEET YOUR EXPECTATIONS.
      3. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE Rewards Club PROGRAM OR ANY BENEFITS OR REWARDS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE USE OF THE Rewards Club PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S Rewards Club PROGRAM DATA, MEMBERSHIP CARD, OR ACCOUNTS; OR (iv) ANY OTHER MATTER RELATING TO THE Rewards Club PROGRAM. Southwest Theaters LIABILITY TO MEMBERS AND OTHER USERS OF THE PROGRAM SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE MEMBERSHIP FEES PAID BY THE MEMBER.IN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  4.   Prohibited Actions. You may not do any of the following on, through, or in any way in connection with the website www.SouthwestTheaters.com or any of its connected or affiliated sites or pages (“the Site”):
    1. Upload, post, transmit, or submit any information or material that (i) contains software viruses, code or files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ii) is defamatory, libelous, obscene, indecent, abusive, threatening to others, hateful, racially or ethnically objectionable, or constitutes stalking; (iii) infringes the patent, copyright, trademark, trade secret, right of publicity, right to privacy, or other intellectual property right of any third party; (iv) violates any state, federal, or international law;
    2. harm minors in any way;
    3. interfere with or disrupt the Site and Services provided by the Site;
    4. impersonate or misrepresent your affiliation with a person or entity;
    5. violate or infringe any of our trademarks, copyrights, or proprietary or intellectual property;
    6. link to the Site without our express written consent, which is subject to such terms and conditions as we may establish, incorporate any content from the Site into your website (e.g., by inlining or framing), use any of our trademarks, works of authorship, or copyrighted materials, or use any words or codes identifying the Site in any “meta tag,” information used by search engines, or information used by location tools to identify and select websites;
    7. violate or breach any provision of this Agreement or engage in prohibited actions, as described below;
    8. copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or software used in connection with the Site or obtain unauthorized access to the Site;
    9. use any content or other information on the Site, in whole or in part, to create a likelihood of confusion, to misrepresent any fact, or to deceive others in any form or by any means;
    10. copy, modify, reuse, rent, lease, distribute, republish, retransmit, sell, lend, assign, or transfer any content of the Site;
    11. access the Site by any means other than through the interface provided by us, or
    12. remove any copyright notice, trademark notice, or other proprietary notice from any content you download or otherwise receive from or through the Site.
  5.   Intellectual Property. All content on www.SouthwestTheaters.com and its connected or affiliated sites or pages (“the Site”), including without limitation all algorithms, techniques, methods, software, and know-how related thereto, is owned or licensed by Southwest Theaters and is subject to copyright, trademark, and other federal and state laws relating to intellectual property. No content of the Site may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold, without Southwest Theaters’ prior written consent or the consent of our licensors and licensees. Any unauthorized use of the content of the Site or violation of this provision is a material breach of this Agreement and may be a violation of applicable law. Nothing in this Agreement constitutes or may be construed as transferring or licensing any intellectual property rights to you, whether by estoppel, implication, or otherwise. Southwest Theaters will aggressively enforce its intellectual property rights to the fullest extent of the law.
  6.   Accessing and Disclosing Account Information. You acknowledge and agree that Southwest Theaters may access, preserve, and disclose your account, personal information, and other information if Southwest Theaters is required to do so by law or if Southwest Theaters believes that such access, preservation, or disclosure is necessary or desirable for any of the following purposes: (a) to comply with legal process; (b) to enforce this Agreement; (c) to respond to claims that any information provided by you violates the rights of third parties; (d) to respond to your requests for customer service; (e) to protect our rights, property, or personal safety or the rights, property, or personal safety of our other users and/or the public; or (f) for any other reason or purpose stated in our privacy policy, as posted on the Site.
  7.   Third-Party Services. We may use, provide access to, or suggest the use of third-party services in connection with the operation of the Site, the provision of services to you, or other activities connected with the Site. We are not responsible for the activities, actions, policies, privacy policies, operations, terms of service, or other acts or omissions of such third parties or any changes made or instituted by such third parties. You are responsible and agree to be solely responsible for learning and determining the acceptability of all such third-party activities, actions, policies, privacy policies, operations, terms of service, acts, or omissions, and any changes made or instituted by such third parties.
  8.   Binding Arbitration. Unless specifically permitted to the contrary in this Agreement, any controversy or claim arising out of or relating to this Agreement (including any breach hereof) or the SW Reward Club Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) 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. The Federal Rules of Civil Procedure shall apply to the conduct of, and discovery in, arbitration. The foregoing shall not preclude Southwest from seeking any injunctive relief in State or Federal courts for protection of its intellectual property rights (including such rights of its licensors).
  9.   General Terms. The following additional terms apply to this Agreement.
    1. Assignment. You may not assign the benefit or obligation of this Agreement. Southwest Theaters may assign this Agreement and your Southwest Theaters Rewards Club account.
    2. Binding Effect. This Agreement shall be binding upon the parties, their heirs, legal representatives, affiliates, successors, related parties, and assigns.
    3. Entire Agreement. This Agreement constitutes the entire agreement between you and Southwest Theaters with regard to the Southwest Theaters Rewards Club Program, superseding any prior agreements between the parties.
    4. Choice of Law and Forum. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the State of Nevada without regard to conflict of law principles.
    5. Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
    6. Validity. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, it is agreed that the court should endeavor to give effect to the Agreement unless the invalidity destroys the objects of this Agreement.
    7. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim, arbitration, or cause of action arising out of or related to this Agreement or the use or services provided by Southwest Theaters (or its connected or affiliated sites or pages) must be commenced within one (1) year after such claim or cause of action arose or be forever barred.
    8. Notices. We may give notice to you through general posting on the Site, via postal notification, or via e-mail notification. You may give notice to us via our Contact Us form on TBD.
    9. Delay and Course of Dealing. No delay in exercising, no course of dealing with respect to, and no partial exercise of any right or remedy under this Agreement constitutes a waiver of any other right or remedy, or future exercise thereof.
    10. Construction. The section and paragraph titles in this Agreement are for convenience only and shall not affect its interpretation. The terms of this Agreement are to be construed as singular, plural, masculine, feminine, or neuter as context requires.