Bow Tie Cinemas, LLC Criterion Club® Terms and Conditions
Bow Tie Cinemas, LLC Criterion Club® Terms and Conditions
Bow Tie Cinemas, LLC Criterion Club® Terms and Conditions
Last modified: 3.24.2017
The following terms and conditions apply to the Bow Tie Cinemas, LLC customer loyalty program (the “Criterion Club®”). Criterion Club® members can accumulate reward points by using their Criterion Club® card at Bow Tie Cinema locations via purchases at the box office and concession stand, and can be redeemed each time a member’s point balance reaches a pre-determined threshold according to the Point Redemption Schedule. Participation in the Criterion Club® and its benefits are offered solely at the discretion of Bow Tie Cinemas.
Members of the Criterion Club® must comply with these Terms and Conditions. Bow Tie Cinemas reserves the right to modify these Terms and Conditions, or any aspect of the Criterion Club® program at any time, without notice to you, so it is important to periodically review these Terms and Conditions. You accept these Terms and Conditions by use of your Criterion Club® card. Participation in the Criterion Club® is considered acceptance of the Terms and Conditions and any and all subsequent modifications, updates, or notices related thereto. If the Terms and Conditions are updated, any changes will apply to all members, including members enrolled before Bow Tie Cinemas posts the updated text, except as may be prohibited by law. If at any time you do not accept the Terms and Conditions or become dissatisfied with the Criterion Club® your sole remedy is to terminate your participation and membership in the Criterion Club®.
1. Eligibility. Criterion Club® membership is open to all U.S. residents, age 13 and older, except for employees of Bow Tie Cinemas, LLC and its subsidiaries, and their immediate family members and as otherwise prohibited by law. Membership is intended for individual use only, and unavailable to organizations, legal entities or groups such as, but not limited to businesses, churches, daycare, non-profits, etc. Any other exclusion will be based on the judgment and discretion of Bow Tie Cinemas.
2. Enrollment. Criterion Club® membership may be obtained at any Bow Tie Cinemas theater location, or by signing up online at www.bowtiecinemas.com. To take advantage of membership benefits, members must register their card.
Criterion Club® membership accounts are nontransferable and may only be used by the Criterion Club® membership account owner. Criterion Club® membership is limited to one account per person.
If at any time during your membership you become ineligible to be a member (such as in the event that you or an immediate family member becomes a Bow Tie Cinemas employee), you must provide notice to Bow Tie Cinemas and cease using your Criterion Club® card immediately.
3. Your Account. You are responsible for updating your account information so that it remains true, accurate, current and complete at all times.
You are responsible for promptly informing Bow Tie Cinemas if your Criterion Club® card is lost or stolen by notifying management at a Bow Tie Cinemas location. You are liable for any transaction that occurs with your Criterion Club® card before the card is reported lost or stolen and you will not receive credit reimbursement for any rewards provided to any third parties pursuant to their unauthorized use of your Criterion Club® card.
You will be asked to enter an e-mail address and create a password when you register your Criterion Club® card online. You are responsible for maintaining the confidentiality of your password and the accuracy of your account information. Consider using a password unique to your Criterion Club® membership account, and not one you commonly use with other online activities.
Bow Tie Cinemas is not responsible for any loss you may incur as a result of any unauthorized person using your e-mail, password, card number, account information, or Criterion Club® card.
Bow Tie Cinemas reserves the right to audit Criterion Club® members’ accounts at any time. In the event Bow Tie Cinemas determines that you have accrued credits through fraud or abuse, Bow Tie Cinemas may terminate your membership in the Criterion Club® as set forth below.
4. Rewards Points. Criterion Club® members will accrue points on qualified purchases according to the Criterion Club® Program Rules, which are subject to change, such as in the event of new promotions. The Criterion Club® Program Rules are incorporated into these Terms and Conditions by reference and can be found at http://www.bowtiecinemas.com/criterion-club/program-rules/.
Bow Tie Cinemas reserves the right to ask for photo identification when qualified purchases are made. Please note that reward point totals will not be immediately reflected in your account upon making a qualified purchase. Please allow approximately 48 hours for our system to update.
Accrued reward points do not constitute property of a member and have no value outside of the Criterion Club®. Reward points may be revoked by Bow Tie Cinemas at any time. Reward points and reward vouchers have no cash value and are not redeemable for cash (unless required by applicable law) and may not be bought/sold, assigned, bartered, or transferred. In the event that qualifying purchases are refunded, Bow Tie Cinemas may rescind reward points earned by such qualifying purchases. Redeemed rewards points may be taxable – please consult a tax professional with regard to your reporting obligations.
6. Term and Termination. Bow Tie Cinemas may change, alter, suspend, or discontinue the Criterion Club® program at any time without notice, and without any liability to its members. Upon your death, your membership in the Criterion Club® will terminate immediately.
Bow Tie Cinemas reserves the right, in its sole discretion, to rescind credits and rewards and/or to disqualify you from membership in the Criterion Club® and/or to terminate your membership immediately and without notice if, in the judgment of Bow Tie Cinemas, you (a) violate the Terms and Conditions, (b) engage in any fraud or abuse relating to eligibility for Criterion Club® membership, accrual or redemption of reward points or vouchers, (c) misrepresent any information supplied by you to Bow Tie Cinemas, or (d) engage in any activities that are inconsistent with Bow Tie Cinemas or the Criterion Club®’s public image, goodwill, and reputation or applicable law.
Upon a termination of your Criterion Club® membership, your right to accrue credits and redeem rewards (including reward vouchers) shall immediately be cancelled. Any and all reward points accumulated up to the date of termination will be forfeited and your account balance will become zero. Furthermore, you will forfeit and, upon Bow Tie Cinema’s request, surrender your Criterion Club® card to Bow Tie Cinemas. Additionally, Bow Tie Cinemas reserves the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary.
Termination of your Criterion Club® membership by Bow Tie Cinemas is final and your Criterion Club® membership may not be renewed by you following termination of your Criterion Club® membership under such circumstances.
7. Warranties and Disclaimers. By way of your participation in the Criterion Club®, you agree to release Bow Tie Cinemas, its affiliates, divisions, related companies, third-party vendors, and agents, and its and their respective officers, directors, owners, and employees (each a “Release”) from any and all losses, harm, damages, cost, or expense including, without limitation, property damages, personal injury, and/or death, arising from or connected to the Criterion Club®, including, without limitation, (a) the collection, redemption, revocation, or deletion of reward points, (b) the issuance of reward vouchers and use of rewards, (c) the suspension, termination, or modification of your membership or account, and (d) the suspension, modification, or termination of the Criterion Club® or any reward or special status programs therein. THE CRITERION CLUB®, MEMBERSHIP THEREIN, AND ALL REWARDS, PRIZES, MERCHANDISE, SWEEPSTAKES AND SWEEPSTAKES ENTRIES, PRODUCTS OR SERVICES PROVIDED THROUGH THE CRITERION CLUB® ARE PROVIDED AND MUST BE ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. BOW TIE CINEMAS, BOW TIE CINEMA’S PARTNERS OR ADMINISTRATORS, AND EACH OF THE FOREGOING’S RESPECTIVE AGENTS OR REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIM ANY AND ALL LIABILITY AS TO THE CONDITION, QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF PRODUCTS AND/OR SERVICES PROVIDED BY OR THROUGH THE CRITERION CLUB® INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
8. Limitation of Liability and Indemnification. UNDER NO CIRCUMSTANCES SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CRITERION CLUB® OR MEMBERS’ PARTICIPATION THEREIN, INCLUDING WITHOUT LIMITATION, ANY REWARDS, PRIZES, MERCHANDISE, OR SERVICES MADE AVAILABLE AS PART OF THE CRITERION CLUB®. IN ANY EVENT, ANY LIABILITY OF BOW TIE CINEMAS ARISING IN CONNECTION WITH THE PROVISION OF REWARDS OR PRIZES WILL BE LIMITED TO THE APPROXIMATE RETAIL VALUE OF THE APPLICABLE REWARD OR PRIZE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF THE RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, RELEASEE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
BY PARTICIPATING IN THE CRITERION CLUB®, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO YOUR PARTICIPATION IN THE CRITERION CLUB® IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION, OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
You agree to defend, indemnify, and hold harmless the Releasees from all liabilities, claims, damages, costs, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of the Terms and Conditions. Furthermore, you agree to reimburse Bow Tie Cinemas for any rewards or prizes that were fraudulently obtained by you.
9. Arbitration. You agree that any dispute, claim, or controversy arising out of the Terms and Conditions shall be determined by binding arbitration in the state of New York. An award of arbitration may be confirmed in a court of competent jurisdiction.
10. Governing Law and Venue. The Terms and Conditions and all matters arising from participating in the Criterion Club® shall be governed by the laws of New York. Should binding arbitration be deemed invalid or otherwise unenforceable for any reason, the arbitration provision of the Terms and Conditions shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in the City and State of New York. The parties hereby expressly consent to the exercise of jurisdiction by such courts.
11. Severability. If any provisions of the Terms and Conditions are held to be invalid, illegal, or unenforceable under any rule, law, or regulation, such provisions will be interpreted to accomplish the objectives of such provisions and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the invalid, illegal, or unenforceable provision by its severance.
12. Waiver. Any waiver by Bow Tie Cinemas of a breach of any provision of the Terms and Conditions shall not operate as, or be construed to be, a waiver of any other breach of such provision or of any breach of any other provision of the Terms and Conditions. Failure by Bow Tie Cinemas to insist upon strict adherence to any provision of the Terms and Conditions on one or more occasions shall not be considered a waiver or deprive Bow Tie Cinemas of the right to insist upon strict adherence to that provision or any other provision of the Terms and Conditions.
13. Entire Agreement. These Terms and Conditions constitute the entire agreement between Criterion Club® members and Bow Tie Cinemas pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written.
14. Amendment. Bow Tie Cinemas reserves the right to modify or update the Terms and Conditions and/or change, alter, or discontinue the Criterion Club® (including the structure of accruing/redeeming reward points) at any time without any liability or notice to members beyond updating these Terms and Conditions. The result of such modification, update, change, alteration or discontinuation may include the decrease in redemption value or cancellation of reward points not yet redeemed.
15. Contact. All questions or disputes regarding an individual’s eligibility, the earning/use/conversion of reward points, or a member’s compliance with the Terms and Conditions will be resolved by Bow Tie Cinemas in its sole discretion. If you have any questions, comments or concerns, you may contact Bow Tie Cinemas at:
Bow Tie Cinemas, LLC
641 Danbury Road
Ridgefield, CT 06877
Attention: Criterion Club