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.
5.
Collection and Use of Information . Bow Tie Cinemas
collects personally identifiable information, such as your name, email
address, phone number, and physical address, and handles this information
in accordance with its Privacy Policy. Our Privacy Policy is hereby
incorporated by reference and can be found at http://www.bowtiecinemas.com/criterion-club/privacy-policy.
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
Phone:
866-450-0443
Email: criterionclub@bowtiecinemas.com