These terms and conditions (this "Agreement") govern the AMC StubsTM program (“AMC Stubs” or “Program”). The AMC Stubs program is a loyalty program brought to you by American Multi -Cinema, Inc. (collectively "we," "us," "our," "ours", “AMC Theatres”). Purchase or use of any membership in the AMC Stubs Program ("Membership") at any time subjects the purchaser or user ("you," "your," "yours," "Member") to the provisions of this Agreement, as amended from time to time.
1. MEMBERSHIP AND GENERAL TERMS/CONDITIONS
a. Members of the Program agree to this Agreement, as reflected in the terms and conditions (“T&C”) published and subject to periodic update at www.amcstubs.com. This Agreement replaces all previously published information, and Members have the responsibility to check for any updates. If this Agreement is updated, any changes will apply to all Members, including Members enrolled before AMC Theatres posts the updated text, except as may be prohibited by law. AMC Theatres may change this Agreement, in whole or in part, at any time without notice, even though changes may affect the value of rewards earned before such changes.
b. By enrolling in the Program, Members agree to receive advertising, marketing materials and other Program communications, unless expressly disallowed as a profile preference. We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, e-mail address and telephone number. Periodically we will utilize the National Change of Address (NCOA) system to update the mailing addresses of accounts in our database through information provided by the United States Postal Service. Members can change their account information by (i) updating Member profile data through an authenticated www.amctheatres.com/www.amcstubs.com account, (ii) requesting an update from a crew member at the box office or Guest Service information desk of any AMC Theatres location in the US or (iii) calling Member Services at 1-888-562-4262. We cannot assume any, and disclaim all, liability for correspondence, mail or e-mail that is lost, delayed or misdirected.
You may opt-in to receive rewards and offers notifications by SMS from AMC Stubs through the website or mobile application or by sending STUBS plus the 16 digits of your account number to 242424. You will then receive a confirmation text message that you must reply to with Y in order to opt-in. You will receive up to 10 text messages per month from AMC Stubs. Depending on the terms of your contract with your mobile telecommunications service provider, message and data rates may apply. By confirming with Y to receive these text messages you understand these text messages will be sent using an automated dialing system. Your consent of receiving these text messages is not required for purchasing any goods or services from AMC Theatres.
If at any time you want to stop receiving messages from AMC Stubs, you can opt-out through the AMC Stubs website or section of the application or send STOP to 242424. For HELP with these messages, send HELP to 242424. You may also call AMC’s customer service department at 1-888-562-4262 or you may send AMC your request in writing to the following address:
Attn: Privacy Manager
One AMC Way
11500 Ash Street
Leawood, KS 66211
Your mobile phone number will be removed or suppressed from AMC Stubs SMS text messaging database within 30 days. You will not receive any further SMS text messages from AMC unless you solicit the communication.
The following carriers are supported:
Alltel, AT&T, Boost Mobile, CellCom, Cincinnati bell, Cricket, nTelos, Nextel, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless, Virgin Mobile, Element Mobile, Golden State Cellular, South Canaan, Viaera Wireless, iWireless, Nex-Tech Wireless, EKN/Appalachian Wireless, Thumb Cellular, Inland Cellular, United Wireless, WCC, Immix/Keystone Wireless, Rural Cellular Corporation, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Plateau Wireless, Cox Communications, GCI, Centennial Wireless, Illinois Valley Cellular.
c. Membership is valid only at participating AMC Theatres US locations listed at www.amctheatres.com. Membership is open to residents of the US who are 13 years of age or older. If a Member is between 13 andthe age of majority in his/her state or jurisdiction, the Member, by enrolling in the Program, acknowledges that he/she has obtained permission to do so from a parent or legal guardian. AMC Theatres 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 AMC Theatres immediately at the toll-free number above.
d. Membership is not valid at any AMC Theatres locations in Canada
e. Membership cards and rewards ( “Rewards”) (i) are nontransferable, except to a new card for the same member in the case of a lost or stolen card, (ii) have no cash value, (iii) may not be purchased, and (iv) are not redeemable for cash under any circumstance unless required by law. Accumulated Rewards do not constitute property of the Member, nor are accumulated Rewards transferable by the Member upon death, as part of a domestic relations matter or otherwise. 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 AMC gift cards.
f. Entities or persons using the Program for profit are not eligible to become or remain Members or to accumulate Rewards. Membership is not available to organizations such as, but not limited to businesses, churches, daycare, etc. Abuse of the Program, including failure to follow this Agreement, may result in cancellation of the Member’s Account, future disqualification from participation and forfeiture of all rewards accrued, in addition to other remedies available to us under applicable law. In connection with the enforcement of any provision of this Agreement governing the Program, AMC Theatres reserves the right to take appropriate legal action as it deems to be necessary andwill be entitled to recover damages, attorneys’ fees and court costs as allowed by applicable law.
g. Members have the right to cancel their Membership at any time. If a Member cancels his/her Membership,he or she will be entitled to a full refund of the Membership fee for the Membership term during which such cancellation occurs, but only if such Membership is cancelled during the first thirty (30) days of the initial, or any renewal, Membership term and such Member has not gained benefit from the program during such 30 day period. No refunds will be available after such thirty- (30) day period (unless we terminate the Program in its entirety (see subsection below regarding Program termination)) or in the event of fraudulent behavior on the part of Member.
Within thirty (30) days after purchasing or renewing a Membership, Members have a right to cancel by:
i. Calling Member Services at 1-888-562-4262
ii. Presenting their Member card at the box office or Guest Service information desk of any AMC Theatres location in the US
We may terminate a Membership, including any associated accounts, without notice, for any reason in our sole discretion, including, without limitation, our belief that continued use of such Membership would violate any provisions of this Agreement or applicable law, or would otherwise be harmful to our interests. In the event of any such termination (1) Member will be entitled to a pro rata refund of the Membership fee if termination occurs in the first 30 days of Membership, and (2) Member’s account balance will be reset to $0.00 and existing rewards will be valid until printed expiration date, unless earned rewards were a result of fraudulent behavior. Rewards earned as a result of fraudulent behavior will be forfeited. Posting Member directed promotional offers or coupons or your member number on websites or reproducing for use by third parties or public websites is prohibited and may result in Membership cancellation.
We may terminate or alter any or all of the benefits available under the Program at any time with or without notice. In the event of our termination of the Program, at our election we will either maintain Membership benefits until expiration of the Membership current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current one-year Membership period.
Members who cancel voluntarily may not reactivate the Account but are eligible to open a new Account without the benefit of the previously accumulated balance. At the end of one year (12 months) from time of Membership enrollment or renewal(s), the Benefits of the Program will not be accessible and we may cancel the account.
Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of the Member website, www.amcstubs.com. Each Member has the responsibility for the use of his/her own password and username to gain access to the loyalty website
h. From time to time, Members may be eligible for sweepstakes, contests or other similar promotions. Participation in such events shall be subject to the terms, conditions and rules published at the time of such event and applicable state laws.
The AMC Stubs Program entitles Members to the following rewards (“Rewards").
a. Spend $100 on purchases made at a participating AMC Theatres location and earn a $10 virtual Reward. Maximum qualifying spend per day is $500 per account. Members will not receive credit for spend greater than $500 per day per account. The $10 virtual reward will appear in theMember’s account.All earned Rewards are valid for 90 days from date of issuance at which time they will expire.A Member may redeem his/her earned and unexpired Rewards only at participating AMC Theatres locations in the US by (1) presenting his/her card in connection with a purchase and (2) notifying the AMC employee at the time and point of sale that they want to redeem the Reward. Rewards are not redeemable online and rewards may not be used toward the purchase of AMC gift cards.
The following purchases or products are not eligible toward earning Rewards.
b. Free upgrade on fountain drinks and popcorn (small to medium, medium to large). Cameo sizes and combos offers are excluded from free upgrade offer. Free upgrades cannot be combined with any other promotional offer or upon redemption of a Show Snack coupon .
c. Online ticketing fee for AMC purchases waived through specified ticketing partners: amctheatres.com and Fandango.com. Tickets purchased from other providers are not eligible for this waiver.
AMC Stubs cards must be presented when purchasing tickets at the box office, or the card must be swiped when prompted at our Automated Box Office for purchases to be credited to Member’s account. AMC Stubs card number must be entered in the appropriate area of amctheatres.com and Fandango.com Transaction Page or when prompted in the phone system to receive credit for a remote ticket purchase. If the card swipe malfunctions, if the computer is inaccessible or if the Member forgot his/her card, original ticket stubs may be presented for credit during the next theatre visit or by contacting AMC Stubs Customer Service, subject to subsection 2(d) below.
d. Receipts or ticket stubs are required for manual adjustments. No more than four manual adjustments will be allowed per account in a single calendar month. Manual adjustments will be made for purchases made within 30 calendar days from date of original purchase.
Rewards earned may be redeemed in any future transaction during the term of the Program, subject to exceptions contained within this Agreement and may not be used or redeemed as a part of the same transaction where the Reward was earned.
To earn Rewards or apply benefits, the Membership account must be active and available at the time of purchase. Members will NOT be credited retroactively for purchases made without an active and available Membership presented at the time of purchase.
AMC Theatres is not responsible for the use or redemption of rewards from an account that has been lost, stolen or otherwise used without Member’s permission.
All Rewards are the property of AMC Theatres.
3. MEMBERSHIP FEE.
The annual Membership fee is currently $12. Membership fees are subject to taxation in accordance with applicable federal, state, provincial or local law. The annual Membership fee of $12 does include applicable taxes. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The fee is not refundable unless the Membership is cancelled during the first thirty (30) days of then current one-year Membership term (including any renewal term) , as described above in Paragraph 1(f).
4. TERM; GRACE PERIOD, RENEWALS.
The Membership term is one year from the date of payment for Membership enrollment. Renewals within a current term extend the existing expiration date by one year from end of the prior term. Members will have 30-day grace period for renewal. During this grace period, eligible Members may continue to accumulate credits toward Rewards. If after the 30-day grace period no renewal has occurred, the Member’s account will be reset to $0.00 and no balance will be carried forward. When an expired Membership is renewed, the new term begins on the date of renewal and expires one year from the renewal date.
5. DISCLAIMERS; LIMITATION OF LIABILITY.
USE OF THE AMC STUBSTM PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT MEMBER’S SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS.
AMC THEATRES AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "MEMBERSHIP 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 AND NON-INFRINGEMENT.
MEMBERSHIP PROVIDERS 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 MEMBERSHIP PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE AMC STUBS PROGRAM OR ANY BENEFITS 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 VIA THE USE OF THE AMC STUBS PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S AMC STUBS PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE AMC STUBS PROGRAM.
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.
6. GOVERNING LAW.
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 Missouri without regard to conflict of law principles.
7. BINDING ARBITRATION.
Any controversy or claim arising out of or relating to this Agreement (including any breach hereof) or the AMC Stubs 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 foregoing shall not preclude AMC Theatres from seeking any injunctive relief in State or Federal courts for protection of its intellectual property rights (including such rights of its licensors).
This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the AMC STUBS Program with respect to the Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the AMC STUBS Program is deemed to have accepted the terms and conditions of this Agreement.
9. CHANGES TO THIS AGREEMENT.
We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the Member Program website located at www.amcstubs.com. Any change shall take effect immediately upon posting, unless otherwise provided. You may view the current version of this Agreement at any time online at www.amcstubs.com. You may also obtain a copy at any AMC Theatres location or by calling 1-888-562-4262.
This Agreement was last modified on September 13, 2012