VIP Rewards Program Terms
Effective as of October 7, 2016
These VIP Rewards Program Terms and Conditions ("VIP Rewards Terms") were last updated on: October 7, 2016. When we say "our", "us", "we" or "Fandango" in these VIP Rewards Terms, we mean Fandango Media, LLC or its subsidiaries. When we say "Services" or "Site" in these VIP Rewards Terms, we mean websites operating under the Fandango, Rotten Tomatoes, Flixster, M-GO, FandangoNOW, Movieclips, Movies.com brands or other brands that we own, as well as those of our websites, applications, emails and other communications that link to or reference these VIP Rewards Terms or other Fandango Terms and Policies, or the other services provided through any of these means. These VIP Rewards Terms are subject to, and shall also include, the other Fandango Terms and Policies, including but not limited to the FandangoNOW Policy.
NOTICE OF ARBITRATION PROVISIONS: Your participation in the VIP Rewards Program or other use of our Services is subject to binding individual arbitration of any disputes which may arise, as provided in the Fandango Terms and Policies. Please read the arbitration provisions carefully and do not use our Services if you are unwilling to arbitrate any disputes you may have with us as provided below.
The VIP Rewards Program is a customer-rewards program and all eligible, registered users of FandangoNOW are automatically enrolled in the Program ("Members"). Members will be able to earn VIP Rewards Points (defined below) with each Qualifying Activity (defined below) on FandangoNOW (including, without limitation, on the FandangoNOW Site and on the FandangoNOW or M-GO mobile apps). Members may then convert their VIP Rewards Points into Discounts (defined below), which can then be applied to the purchase or rental of movies (excluding movie collection bundles), the purchase of TV shows, episodes or complete TV seasons, or the purchase of Fandango-branded Gift Cards ("Gift Cards") within the Gift Card purchase pages of FandangoNOW.
GENERAL PROGRAM PARTICIPATION
Eligibility; Restrictions. Membership in, and use of, the VIP Rewards Program is limited to persons who reside in the United States, who are at least 18 years of age and who have a valid email address on file. The Program is solely for a Member's personal, non-commercial use. Corporations, groups, and associations are not eligible. You must maintain a valid email address and promptly update your FandangoNOW account with any changes. The VIP Rewards Program is void where prohibited by law. Do not participate in the VIP Rewards Program if it is not legal to do so in your jurisdiction. Fandango may limit the number of VIP Rewards Program Members and may temporarily or permanently discontinue enrolling new Members at any time and for any reason without notice to you.
Registration. All those who have created an account on FandangoNOW and have a valid email address on file are automatically enrolled in the Program. VIP Rewards Points and Discounts will be automatically linked to your FandangoNOW account. Fandango may, in its sole discretion, sort FandangoNOW Members into different marketing-message groups such that not all FandangoNOW Members receive the same marketing messages. You may opt-out of receiving marketing messages from Fandango at any time and doing so will not affect your ability to participate in the VIP Rewards Program.
Transferability. Membership in the VIP Rewards Program, any VIP Rewards Points earned, any Discounts and any other related membership benefits are not transferrable and may not be combined or merged with any other Member's account.
Unauthorized Activity and Access. You are solely responsible for keeping your login credentials, email address and password confidential and for all activities that occur on your FandangoNOW account, including all unauthorized activities. Fandango is entitled to act on instructions received by it if correct login credentials are provided, and in such case Fandango will not be liable for: (i) any VIP Rewards Points, credits or debits made to your FandangoNOW account, or (ii) any loss or damage arising from your failure to adequately safeguard your login credentials. You agree to immediately notify Fandango of any unauthorized use of your login credentials, FandangoNOW account, or any other breach of security related to the VIP Rewards Program.
EARNING POINTS THROUGH QUALIFYING ACTIVITIES;
CONVERSION OF VIP REWARDS POINTS INTO DISCOUNTS
The VIP Rewards Program involves two important measurements: VIP Rewards Points and Discounts. VIP Rewards Points are accumulated through the completion of various Qualifying Activities. VIP Rewards Points may be converted into discounts, which may be applied to future FandangoNOW transactions ("Discounts").
VIP Rewards Points. "VIP Rewards Points" will be earned for renting or purchasing movies, or TV shows, episodes or complete TV seasons from FandangoNOW (each a "Qualifying Activity"), unless otherwise specified in the terms and conditions of any specific transaction. VIP Rewards Points are earned only on the portion of the Qualifying Activity that is not paid for with credits, Discounts, or promotions, and VIP Rewards Points will not be earned for any change in, or any cancelled, purchase or rental transaction. VIP Rewards Points will appear in your FandangoNOW account upon completion of a Qualifying Activity. The conduct that constitutes a Qualifying Activity and the number of VIP Rewards Points earned for such Qualifying Activity may be changed by Fandango from time to time, in its sole discretion. Also, Fandango may offer VIP Rewards Points for engaging in a Qualifying Activity under one set of rules for one promotion, and may opt not to offer VIP Rewards Points for engaging in that same activity under a subsequent or previous promotion. The current schedule of Qualifying Activities and the number of VIP Rewards Points that may be earned for performing each is available HERE.
Automatic Conversion of VIP Rewards Points to Discounts. If 270 calendar days have passed and you have not earned any new VIP Rewards Points and you have enough VIP Rewards Points to earn a Discount, Fandango will automatically convert your current VIP Rewards Points into a Discount that corresponds to the number of VIP Rewards Points currently in your FandangoNOW account. If you have less than the minimum number of VIP Rewards Points in your FandangoNOW account required to earn a Discount, then all your VIP Rewards Points will expire consistent with the "Expiration of VIP Rewards Points" Section below. Further, if at the conclusion of the 270-day period, you have a number of VIP Rewards Points that doesn't directly correspond to one of our existing Discount reward levels, we will reward you with a Discount that corresponds to the level of Discount you qualify for using your existing VIP Rewards Points and the remaining balance of your VIP Rewards Points will expire.
Expiration of VIP Rewards Points. Subject to the "Automatic Conversion of VIP Rewards Points to Discounts" Section above, all non-Promotional VIP Rewards Points, not automatically converted into a Discount (as described above) will expire at 11:59 p.m. Pacific Time on a rolling, 270-day period after the date on which they were earned or reset through the completion of a Qualifying Activity. The expiration date of non-Promotional VIP Rewards Points resets each time a Qualifying Transaction is completed.
Promotional VIP Rewards Points. Fandango may from time to time conduct special promotions and offer individual or specific Members the ability to earn VIP Rewards Points through the completion of certain activities, such as bonus points for making a certain number of rentals or purchases over a set period of time, or may offer all Members a one-time opportunity to earn special promotional VIP Rewards Points ("Promotional VIP Rewards Points"). The details of any such promotion, including a description of the conduct required, the number of Promotional VIP Rewards Points available and the expiration date of the corresponding Promotional VIP Rewards Points, will be in the terms and conditions communicated to the eligible Member(s) by email or in another communication from Fandango. If no special expiration date is provided in the description or terms and conditions of the offer for Promotional VIP Rewards Points, Promotional VIP Rewards Points shall expire as contemplated in the "Expiration of VIP Rewards Points" Section above as if they were not Promotional VIP Rewards Points.
A Discount is redeemable on FandangoNOW only, including through the Fandango Gift Card purchase pages of FandangoNOW, and may be applied towards your payment for the rental of a movie or the purchase (including pre-order but excluding movie collection bundles) of a movie, TV show, episode or complete TV season on FandangoNOW, subject to licensing restrictions, or the purchase of a Gift Card through FandangoNOW. Discounts will not be automatically applied to transactions; you must affirmatively apply Discounts. A Discount may not be aggregated with another Discount in a single transaction or otherwise used in the same transaction as any other offer, including promotional codes. Discounts may be used only once and are not valid for prior purchases or rentals, for movie collection bundles, or for the purchase of Gift Cards anywhere other than through FandangoNOW. Your Payment Method (as defined in the FandangoNOW Policy) will be charged for any additional items that are not covered and paid for with Discounts. You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using Discounts or other rewards, unless Fandango specifically states otherwise in writing. Discounts will expire at 11: 59pm Pacific Time on the 90th day after the date on which they were posted to your FandangoNOW account. Expired Discounts cannot be reinstated.
Redeeming Discounts For Pre-Order Content. You may apply a Discount toward the purchase of a pre-order title that is available for sale through FandangoNOW and which offers a pre-order option, such as for movies, TV shows, TV episodes, or complete seasons of TV shows. When you convert VIP Rewards Points into Discounts in connection with your pre-order purchases, the VIP Rewards Points will immediately be subtracted from your total VIP Rewards Points balance, converted into Discounts, and applied toward your pre-order purchase. After the application of Discounts, the remainder of any balance for a pre-order purchase will be charged to your Payment Method when the pre-order content becomes available. If you cancel your pre-order purchase prior to the time the pre-order content becomes available, the Discounts applied to the pre-order product may not be converted back or reinstated into VIP Rewards Points and you will forfeit any rights you had to those VIP Rewards Points. You may obtain a coupon for any unused Discounts on a cancelled pre-order transaction by contacting Fandango using the contact information provided below.
Fandango may from time to time permit the redemption of Discounts for other activities, products and services. Any use of Discounts in connection with such activities, products or services other than those specified and authorized by Fandango, constitutes fraud and may be prosecuted.
Any VIP Rewards Points you earn are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use towards the earning of Discounts. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your VIP Rewards Points or Discounts, which remain Fandango property at all times. Neither VIP Rewards Points nor Discounts have any monetary or cash value and they may not be redeemed with us or any third party for cash or any cash equivalent except under the VIP Rewards Program. VIP Rewards Points and Discounts are not transferable and cannot be combined with other offers or with another person's VIP Rewards Points or Discounts. VIP Rewards Points and Discounts are not your personal property, and are not descendible, may not be inherited, bartered, purchased or sold to any third party. Any attempt to combine or transfer VIP Rewards Points or Discounts will result in disqualification from the VIP Rewards Program and forfeiture of all VIP Rewards Points and Discounts in the Member's FandangoNOW account. Other exclusions and restrictions may apply.
LOSS OF VIP REWARDS POINTS AND DISCOUNTS;
TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM
You are responsible for regularly checking your FandangoNOW account and ensuring the accuracy of your VIP Rewards Points totals and must notify Fandango of any omission, incorrect entry or other discrepancy within thirty (30) days of its occurrence. VIP Rewards Points subsequently determined, in the sole discretion of Fandango, to be invalid, will be removed from a Member's VIP Rewards Point accumulation total.
Fandango may revoke your ability to participate in the VIP Rewards Program due to: (i) your abuse of the VIP Rewards Program, including, without limitation, your use of any "bot," macro, or other automated means to participate in the VIP Rewards Program or to earn VIP Rewards Points; (ii) your failure to follow the VIP Rewards Terms, the FandangoNOW Policy, or any other terms and conditions applicable to FandangoNOW; (iii) the attempted or actual sale of any of your VIP Rewards Points, Discounts, or your FandangoNOW account; (iv) any misrepresentation by you; (v) suspension or termination of your FandangoNOW account; (vi) any suspected illegal or fraudulent activity; or (vii) any other conduct deemed by Fandango, in its sole discretion, to be an abuse of the VIP Rewards Program, to be detrimental to the interests of Fandango, its licensors, suppliers, or its customers, or to be otherwise improper. If your ability to participate in the VIP Rewards Program is revoked, any unused VIP Rewards Points or Discounts will automatically expire and be forfeited and your future participation in the VIP Rewards Program may be prohibited. In addition, Fandango will have the right to take appropriate administrative or legal action as it deems appropriate. Fandango is not responsible for VIP Rewards Points or Discounts that expire or are lost or redeemed due to illegal, fraudulent or unauthorized activity.
You agree to abide by the final and binding decisions of Fandango regarding the VIP Rewards Program and your participation in it. Fandango is the sole arbiter of all issues relating to the Program, including a decision to remove Rewards Points or Discounts or to deny Rewards Points, and all of Fandango's decisions relating to the Program are final.
Because all FandangoNOW accounts are required to participate in the VIP Rewards Program, if you do not wish to participate in the VIP Rewards Program you must terminate your FandangoNOW account. Further, since having an FandangoNOW account is a requirement in order to participate in the VIP Rewards Program, termination of your FandangoNOW account (either by you or by Fandango) will result in the automatic termination of your participation in the VIP Rewards Program. Termination of your FandangoNOW account (either by you or by Fandango) will result in the forfeiture of any VIP Rewards Points and Discounts then associated with your FandangoNOW account. If you later elect to re-enroll in Fandango VIP Rewards, you will not have access to any VIP Rewards Points or Discounts previously associated with your FandangoNOW account and your beginning balance of VIP Rewards Points will be zero.
MODIFICATION OF THE PROGRAM TERMS AND RECOURSE
We reserve the right, in our sole discretion and at any time, without prior notice, to add to, revise, modify, suspend or terminate any or all aspects of the VIP Rewards Program, including, without limitation: (i) the ability to earn and redeem VIP Rewards Points and the number of VIP Rewards Points earned through Qualifying Activities or promotions, (ii) offer additional or new Qualifying Activities for a limited time or permanently, (iii) limit the number of times or frequency a Member may earn VIP Rewards Points for engaging in a Qualifying Activity or engaging in the activity during a specific time period, (iv) offer VIP Rewards Points earning opportunities to select groups of Members, (v) redemption and conversion requirements, (vi) Discount values and amounts, (vii) what Discounts can be redeemed for, (viii) the mechanism for redeeming Discounts, and (ix) the VIP Rewards Terms.
Any VIP Rewards Points remaining in a Member account thirty (30) days after the announced VIP Rewards Program end date will be forfeited without compensation. Fandango makes no guarantee or representation as to the length of time during which the VIP Rewards Program will be offered, and the VIP Rewards Program could end at any time. Members will have thirty (30) days after the VIP Rewards Program end date (or the specific number of days noted in the VIP Rewards Program ending announcement) during which to redeem any remaining VIP Rewards Points in their Member account. After such thirty (30) day period, all VIP Rewards Points will expire and the VIP Rewards Program will no longer be available, and no further liability will be owed by us to any Member.
If any term or change to the VIP Rewards Terms is found invalid, void, or for any reason unenforceable, that term or change is severable and does not affect the validity and enforceability of any remaining terms, changes or conditions. Fandango shall not be liable to you in any way for any value or benefits you may lose as a result of any changes made to the VIP Rewards Program, including, without limitation, any VIP Rewards Points or Discounts. Fandango will notify you of changes to the VIP Rewards Terms by posting them to the FandangoNOW Site. The updated VIP Rewards Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by Fandango. It is your responsibility to check the FandangoNOW Site regularly for any changes to the VIP Rewards Terms. If you object to the VIP Rewards Terms or any changes hereto or at any time become dissatisfied with the VIP Rewards Program, your sole recourse shall be to cease using the VIP Rewards Program. Your continuing use of the VIP Rewards Program after notification of any change(s) (including notification by posting) constitutes conclusive evidence of your acknowledgement of the modifications and your agreement to be bound by such change(s).
All questions or disputes regarding eligibility for the VIP Rewards Program, collecting or redemption of VIP Rewards Points or Discounts, or a Member's compliance with the VIP Rewards Terms will be resolved by Fandango, in its sole and absolute discretion. All VIP Rewards Points and Discounts redemptions are final. VIP Rewards Points will not be refunded or placed back in a Member's quantity of redeemable VIP Rewards Points for any reason after redemption has been made, including, if you return the item purchased using your Discount.
Information about your VIP Rewards Program account activity can be accessed online HERE when logged in with your login credentials. Information includes, but is not limited to, your VIP Rewards Points, Discounts and expiration dates. For information about your membership, contact Fandango by e-mail at help@FandangoNOW.com, by phone at 1-855-646-2580, or by mail at FandangoNOW, 12200 West Olympic Blvd., Suite 400, Los Angeles, CA 90064.