PLEASE READ THESE TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. YOUR PARTICIPATION IN THE IGCMP IS SUBJECT TO YOUR AGREEMENT TO ARBITRATE. IF YOU DO NOT AGREE TO ARBITRATE YOUR CLAIMS AGAINST IPIC THEATERS, YOU MUST DISCONTINUE PARTICIPATION IN THE IGCMP IMMEDIATELY. YOU AGREE THAT ANY AND ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO YOUR PARTICIPATION IN THE IGCMP ("CLAIMS") MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY CLAIM.
Introduction to Program
- The IGCMP is operated by IPic-Gold Class Entertainment, LLC. a Delaware Limited Liability Company, ("IPIC Theaters") at ipictheaters.com. We at IPIC Theaters know you have many options regarding the entertainment provider you choose, and we appreciate your decision to make IPIC Theaters a part of your entertainment experience. As a member of the IGCMP, you may qualify for preferred pricing on IPIC Theaters products and services and may qualify for other membership privileges. You are also able to receive Points (as defined below) that may be redeemed for various rewards (the "Rewards"), such as gift cards that will enable you to buy tickets to movies, as well as other merchandise at Tanzy Express™, Tanzy™, Salt™ or Salt Sports Bar ™ at IPIC Theaters. In addition to Points, from time to time, at IPIC Theater’s discretion, IGCMP Members (as defined below) may also receive offers for various goods and services and special events, such as members-only screenings, at IPIC Theaters locations.
Terms of Participation
- The following are the rules or "Terms" that govern participation in the IGCMP. These Terms set forth the manner in which IGCMP Members are able to earn Points and redeem those Points for Rewards. By participating in, enrolling in and/or using the IGCMP, on or after January 1 2012, you expressly agree to be bound by these Terms and all applicable laws and regulations governing the IGCMP. IPic Theaters reserves the right to change (add to, delete or amend) these Terms or any other aspects of the IGCMP, at any time, upon reasonable notice to IGCMP Members, such as posting a notice of the changes on the Ipic Theaters website or other methods permitted under applicable law. Please check the IPIC Theaters website periodically for any changes. If you violate these Terms, IPIC Theaters may terminate your membership, bar you from future participation in the IGCMP, cancel any unredeemed Points, and/or take appropriate legal action against you. As a condition to membership in the IGCMP and participation in any and all promotions in connection with the IGCMP, you agree to comply with the terms of all offers, promotions, and programs of IPIC Theaters and any advertiser, sponsor and partner at all times.
Membership in the IGCMP
- IGCMP membership accounts are limited to persons 18 years of age or older, as required by law in the applicable jurisdictions and residing in the United States or U.S. Territories. Members of the U.S. Armed Forces not residing in the United States or U.S. Territories may also become IGCMP Members. The IGCMP is limited to one individual per IGCMP membership account. No business entities, organizations or groups may become IGCMP Members or register for an IGCMP membership account. Employees, officers and/or Directors of Ipic-Gold Class Entertainment, LLC are excluded from being members as well.
- To obtain an IGCMP membership account, provide the requested information, including, but not limited to, name, age, telephone number, zip code and e-mail address to IPIC Theaters by either: 1) visiting the IPic Theaters website to register online, or 2) registering at a participating IPIC Theaters location. Once your registration is completed and your eligibility has been verified, you will become a member of the IGCMP ("IGCMP Member"). IGCMP membership cards may be obtained at any IPIC Theaters location after completion and verification of registration or you can use your member number that will be assigned to you once you become a member. IPIC Theaters may periodically request additional demographic or other information to help us get to know our IGCMP Members better.
- IGCMP Members may earn points ("Points"), on or after January 1 2012, following activation of that IGCMP Member’s IGCMP membership account by providing a recognized and accepted IGCMP Member ID method at the time of purchase for qualifying purchases and transactions at IPIC Theaters. The recognized and accepted Member ID methods include: (1) providing your IGCMP membership card at any point of sale at any participating IPIC Theaters location, and (2) providing the name and/or valid telephone number included with that IGCMP membership account at any point of sale at any IPic Theaters location, and (3) signing in to your member account at ipictheaters.com.. Points are automatically tracked in the IGCMP when a recognized and accepted Member ID method is provided at the time of the purchase or transaction.
- The purchases and transactions that qualify for Points and associated Point amounts may be set forth on the Ipic Theaters website. IPIC Theaters reserves the right to change, modify or update such items and Point amounts from time to time. Points may not be earned for, or in connection with: (i) any taxes paid on Ipic Theaters purchases, unless such taxes are included in the posted prices of such items, (ii) purchases of beverages containing any amount of alcohol, or (iii) gratuities. A maximum of one hundred twenty-five (125) Points may be earned on a single IGCMP membership account in a single day, regardless of the number of transactions and/or purchases made by that IGCMP Member.
- Points earned on any single qualifying purchase or transaction may only be credited to one (1) IGCMP membership account. An IGCMP membership card or appropriate IGCMP Member telephone number or account number must be presented before the conclusion of such qualifying purchase or transaction in order for Points to be earned in connection with such qualifying purchase or transaction. IPIC Theaters may elect, in its sole and absolute discretion, to credit Points to an IGCMP membership account using an original receipt for the qualifying purchase or transaction, where an IGCMP membership card or appropriate IGCMP Member telephone number was not provided at the time of purchase. To request credit of Points in this manner, please visit the IPIC Theaters location where the qualifying purchase or transaction occurred.
- IPIC Theaters, in its sole and absolute discretion, may periodically offer IGCMP Members the opportunity for additional or bonus Points on particular transactions or special offers.
Receiving Rewards for Points
- Receiving Rewards for Points is a two-step process. First, you must be an IGCMP Member in good standing, second you must confirm, or update, as necessary, all information provided to IPic Theaters in connection with your IGCMP membership account. Once you have reached the 250 points, you will automatically receive a $25 gift card in the U.S. mail at your posted mailing address. The $25 gift card is good for the purchase of any goods or services at any IPic Theater in the U.S. The gift card will be valid for ninety (90) days from the date of issue.
- Points will be subtracted from the IGCMP Member's IGCMP membership account immediately when a Reward is mailed based on the total Points for the Reward. Points will be refunded to an IGCMP Member's IGCMP membership account in the event IPIC Theaters determines, in its sole and absolute discretion, that the Reward is unavailable, cannot be delivered or is defective.
- Points have no cash value and are not redeemable for cash, gift certificates or gift cards. IPIC Theaters reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available at any particular Point-spending level. IPIC Theaters reserves the right to modify the number of Points needed to redeem specific Rewards.
- Normally, Points will be credited to an IGCMP Member’s IGCMP membership account promptly upon consummation of the qualifying transaction garnering Points. In certain cases, however, it may take twenty-four (24) hours or more after purchase for Points to be credited to an IGCMP Member's membership account. IPIC Theaters shall not be responsible for, or liable to, any IGCMP Member, person or entity, in any way for any losses, costs or expenses incurred by a delay in crediting Points to an IGCMP Member's membership account.
- You may view you member activity on-line by logging into your account on ipictheaters.com. You can also get your updated member information by contacting Guest Services at any IPIc Theater or by regular mail to : IPIC-GOLD CLASS ENTERTAINMENT LLC, 433 Plaza Real, Suite 335, Boca Raton, FL. 33432.Attn: Member Services.
- An IGCMP Member may terminate his or her IGCMP membership account in the IGCMP, at any time, for any reason, by notifying Ipic Theaters (1) by e-mail to firstname.lastname@example.org, (2) at an IPIC Theaters Guest Services desk or box office, or (3) by regular mail to : IPIC-GOLD CLASS ENTERTAINMENT LLC, 433 Plaza Real, Suite 335, Boca Raton, FL. 33432.Attn: Member Services. Upon termination by the IGCMP Member, participation in the IGCMP shall immediately cease and that IGCMP Member's unredeemed Points shall be canceled. An IGCMP Member's membership will terminate immediately in the event of that IGCMP Member's death.
- IPIC Theaters reserves the right to suspend, terminate or disable, at IPIC Theater’s sole discretion, any IGCMP membership account if we believe that IGCMP Member has violated or acted inconsistently with the rules of the IGCMP or these Terms. IPIC Theaters further reserves the right to terminate an IGCMP membership account if there has been no activity on that IGCMP membership account for twenty-four (24) months or more.
- IGCMP Members understand and agree that disabling or termination of an IGCMP membership account will result in that IGCMP Member's inability to redeem Points or earn additional Points. IGCMP Members understand and agree that termination of an IGCMP membership account will result in the cancellation of all Points associated with that IGCMP membership account. In some cases, ALMP Members may still receive messages (which may have been scheduled prior to such IGCMP Member's IGCMP membership account termination) after termination of enrollment in the IGCMP. IGCMP Members may not earn Points after termination unless they re-enroll in the IGCMP. IPIC THEATERS MAY TERMINATE AN IGCMP MEMBER'S IGCMP MEMBERSHIP ACCOUNT AT ANY TIME, FOR ANY REASON WITHOUT LIABILITY TO ANY IGCMP MEMBER OR THIRD PARTY.
- IPIC Theaters reserves the right to terminate the IGCMP at any time, for any reason, including without limitation, upon sale of IPIC Theaters. In the event Ipic Theaters elects to terminate the IGCMP, IPIC Theaters will publish a notice of termination on its web site, through postings in participating Ipic Theaters lobbies, or through other methods, as may be deemed appropriate and necessary by IPIC Theaters. EACH IGCMP MEMBER'S RIGHT TO USE HIS/HER IGCMP MEMBERSHIP ACCOUNT WILL CEASE NINETY (90) DAYS AFTER PROGRAM TERMINATION. ANY UNREDEEMED POINTS SHALL BE CANCELED AT THAT TIME.
- Each IGCMP Member acknowledges that he/she may only participate in the IGCMP if and to the extent that such participation is permitted by all applicable laws, rules, and regulations. IPIC Theaters may refuse to enroll an individual, or to restrict, modify, or terminate an IGCMP Member's participation in the IGCMP, without liability to that IGCMP Member or any other party, if that IGCMP Member violates any law, rule, or regulation, or if that IGCMP Member's participation in the IGCMP could violate any law, rule, or regulation, as determined by IPIC Theaters in its sole discretion. IPIC Theaters management shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination or disabling of IGCMP membership (including, but not limited to, cancellation of Points) shall be final and binding.
- Any attempts to communicate with an IGCMP Member will be made using the contact information most recently provided by that IGCMP Member. Under no circumstances will IPIC Theaters be held liable or responsible for an inability to redeem Points or any loss whatsoever, arising from an IGCMP Member's failure to update and maintain accurate contact information with the IGCMP.
IPIC Theaters is under no obligation to provide IGCMP Members with any particular number of Point-earning opportunities, special offers, or to send messages to them. IPIC Theaters reserves the right to limit IGCMP enrollment at any time.
- Should an IGCMP Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with the IGCMP, that IGCMP Member's only recourse is to immediately discontinue participation in the IGCMP and properly terminate his or her IGCMP membership account in the manner provided above.
- IPIC Theaters reserves the right to modify or change the IGCMP at any time, for any reason. In the event Ipic Theaters elects to modify or change the IGCMP, IPIC Theaters will publish a notice of modification on its web site, through postings in participating IPIC Theaters lobbies, or through other methods as may be deemed appropriate and necessary by IPIC Theaters.
Disclaimer of Warranties/Limitation of Liability
- IGCMP Members expressly agree that use of, and participation in, the IGCMP is at the IGCMP Member's sole risk. IGCMP Members further agree that IPIC Theaters, and its subsidiaries, divisions, agents, affiliates, representatives or licensors shall not be liable to IGCMP Members or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of access or use of, or inability to enroll, access or use or participate in the IGCMP or arising out of any action taken in response to or as a result of any information available through the IGCMP. Each IGCMP Member hereby waives any and all claims against IPIC Theaters and its subsidiaries, divisions, agents, affiliates, representatives or licensors arising out of, or in connection with, his/her participation in the IGCMP.
- The IGCMP, and all services and Rewards offered therein are provided on a strictly "as is" and "as available" basis. IPIC THEATERS, ITS AFFILIATES, PARTNERS, SPONSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED BY IGCMP MEMBERS THROUGH THE IGCMP OR THROUGH ANY ADVERTISERS, SPONSORS OR PARTNERS. IPIC THEATERS, ITS AFFILIATES, PARTNERS, SPONSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS MAKE NO WARRANTY THAT THE IGCMP WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES IPIC THEATERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IGCMP. EACH IGCMP MEMBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST IPIC THEATERS AND ITS SUBSIDIARIES, DIVISIONS, AGENTS, AFFILIATES, ATTORNEYS, REPRESENTATIVES OR LICENSORS ARISING OUT OF HIS/HER USE OF OR ENROLLMENT IN THE IGCMP, OR USE OF THE IPIC THEATERS WEBSITE, THE INFORMATION AVAILABLE THEREON, AND THE MODIFICATION OF THESE TERMS.
- IPIC Theaters expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or the availability of seating for a particular performance(s) of an exhibition.
- IPIC Theaters shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by advertisers, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by an IGCMP Member from or through the IGCMP or Ipic Theaters shall create any warranty not expressly made herein.
- IPIC Theaters is not responsible and assumes no liability for changes or discontinuance of service from providers which may affect offers for Rewards or the accrual of Points.
Participation in Promotions of Advertisers and Partners
- IGCMP Members acknowledge and agree that IPIC Theaters neither endorses the contents of any advertisements of our partners or sponsors, if any, appearing in connection with the IGCMP, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising thereof, or any fraud or other crime facilitated thereby.
- IPIC Theaters assumes no liability, obligation or responsibility for any part of any correspondence or promotion, including, without limitation, withdrawal or modification of any offer or promotion.
- IGCMP Members understand that, in some cases, there may be a delay in the crediting of Points for promotions of advertisers, sponsors, or partners due to the failure of an advertiser, sponsor or partner to provide necessary information to the IGCMP for such crediting of Points, or for any other reason. IGCMP Members agree that Ipic Theaters shall not be responsible or liable for any losses, claims, costs or expenses incurred as a result of any such delay or failure to credit Points.
- IPIC Theaters does not license any sponsor, advertiser, partner, IGCMP Member or user to use any portion, or all, of the IGCMP without the express prior written consent of the IGCMP.
- IGCMP Member's right to enroll and participate in the IGCMP is personal and non-transferable. Points and/or Rewards may not be purchased, sold, bartered, brokered or otherwise transferred. IGCMP membership accounts and Points are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
- IGCMP Members agree not to forward any IGCMP offers or promotions to others without first obtaining the express written permission of IPIC Theaters. Any offers IGCMP Members receive are specific to that IGCMP Member's IGCMP membership account, unless otherwise stated.
Proprietary Rights to Content
- Each IGCMP Member acknowledges that IGCMP content (including but not limited to text, sound, photographs, graphics, button icons, digital downloads, data compilations (including IGCMP Member and IGCMP information) logos or other material contained in any IGCMP communication, advertisement or message, whether by the IGCMP or its advertisers, sponsors or partners), information about IPIC Theaters and its services, copyrights, trademarks, service marks, trade names, and software are protected by copyright, trademark, service marks, patents and/or other proprietary rights and laws; therefore, any such content may be displayed solely for personal, non-commercial use. IGCMP Members may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of IPIC Theaters or the appropriate affiliate or licensor.
- Notices given by the IGCMP will be transmitted, in IPIC Theater's sole discretion, by e-mail, regular mail, general posting on the IPIC Theaters web site, postings at an IPIC Theaters location, or as otherwise deemed appropriate and necessary by IPIC Theaters or permitted under law.
- Any dispute or Claim arising out of or in relation to these Terms, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Boca Raton, Florida, under the Commercial Arbitration Rules ("Rules") of the American Arbitration Association by three arbitrators appointed in accordance with the Rules, or such other arbitration association as mutually agreed by the parties. Judgment on the award shall be final and may be entered in any court having jurisdiction thereof. CLASS ACTION WAIVER: Each IGCMP Member agrees that all Claims will be arbitrated on an individual basis and that there will be no class or representative actions in arbitration. IGCMP Members may not participate in a class or representative action against IPIC Theaters as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were asserted directly by that IGCMP Member. Each IGCMP Member agrees that this class action waiver is an essential part of the arbitration agreement and that the class action waiver may not be severed from the arbitration agreement. If this class action waiver is found to be unenforceable by any court or arbitrator, then the entire arbitration agreement set forth herein will not apply to any Claim between an IGCMP Member and IPIC Theaters.
- These Terms and participation in the IGCMP shall be governed by the law of the State of Florida, excluding its conflicts of laws principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules.
- Each IGCMP Member and IPIC Theaters agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
These Terms constitute the complete and exclusive understanding between IPIC Theaters and IGCMP Members relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
- If any provision(s) of these Terms is held by the arbitrators to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by IPIC Theaters in writing.
- Each IGCMP Member agrees not to abuse IGCMP privileges by attempting to accrue Points or spend Points in a manner inconsistent with the rules of the IGCMP or intent of these Terms, or attempting to earn Points fraudulently or through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with IGCMP Reward links. If IPIC Theaters determines, in its sole and absolute discretion, that any IGCMP Member has abused IGCMP privileges, or violated applicable law, IPIC Theaters may terminate that IGCMP Member’s participation in the IGCMP, bar that IGCMP Member from future participation in the IGCMP, cancel any unredeemed Points, and/or take appropriate legal action against that IGCMP Member.
- IGCMP Members agree to indemnify and hold IPIC Theaters, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) participation in the IGCMP, or (2) violation of these Terms.
- The IGCMP is owned by IPIC Theaters® and operated by: IPIC-GOLD CLASS ENTERTAINMENT LLC, 433 Plaza Real, Suite 335, Boca Raton, FL. 33432. We welcome questions, comments and suggestions about our program. Questions or correspondence regarding the program’s operation, security, and privacy issues should be directed to Member Services through use of the online contact form available at www.ipictheaters.com.
Last Updated: February 13, 2013