Terms and Policies
These Fandango Terms and Policies (the “Fandango Terms and Policies”) were last updated on: October 31, 2022. When we say “our”, “us”, “we” or “Fandango” in these Fandango Terms and Policies, we mean Fandango Media, LLC or its subsidiaries. These Fandango Terms and Policies apply to websites and applications operating under the Fandango, Vudu, Rotten Tomatoes, Flixster, Movieclips, Movies.com, Activaterewards.com, MovieTickets.com or M-GO 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 Fandango Terms and Policies, or the other services provided through any of these means (the “Services”).
From time to time, we may revise these Fandango Terms and Policies. You can determine when these Fandango Terms and Policies were last revised by referring to the top of this page. Any changes to the Fandango Terms and Policies will become effective upon posting of the revised Fandango Terms and Policies on the Internet, accessible through Services, unless otherwise noted. By continuing to use Services following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Fandango Terms and Policies, as they may be amended from time to time, please do not purchase movies from Fandango or continue using the Services. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Fandango Terms and Policies would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes.
The Fandango Terms and Policies consist of:
- Ticket Policy
- Cookies and Tracking Technologies Information Center
- Vudu Policy
- Promo Code Policy
- Gift Card Terms
- VIP+ Program Terms
NOTICE OF ARBITRATION PROVISIONS:
All the above Terms and Policies and your use of our websites and our other services are subject to binding arbitration of any disputes which may arise (other than to the extent that they cannot be resolved informally or in small claims court), as provided below. Please read the arbitration provisions below carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided below.
BINDING ARBITRATION OF ALL NON-SMALL CLAIMS DISPUTES. CLASS ACTION WAIVER.
- If you have a Dispute (as defined below) with us that cannot be resolved informally or in small claims court, you will not have the right to pursue a claim in court or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Transactions or Relationships (as defined below) with us, you agree as follows:
- Dispute” means any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, whether based on past, present, or future events, arising out of or related in any way to the Fandango Terms or Policies or regarding (i) your use of or interaction with the Services, (ii) any purchases or other transactions or relationships related to your use of the Services, or (iii) any data or information you provide to us or we gather in connection with such use, interaction or transaction (collectively, "Transactions or Relationships").
- Many Disputes can be resolved by an informal dialogue with our customer service staff. If you have a Dispute with us, before initiating an arbitration, you must send an individualized, written notice describing the Dispute to the customer support contact via email or contact form associated with the Service to which your Dispute relates. Without limiting any of our rights in the Fandango Terms and Policies, before we initiate any arbitration, we will send you a written notice using contact information we have for you. Promptly following receipt of such notice, you and we will try to resolve the Dispute by individual telephone or videoconference, or in person if you and we agree. If the Dispute is not resolved within 14 days of starting this dialogue, then either you or we may initiate an action in a small claims court that has jurisdiction over the Dispute and is reasonably close to your place of residence or work, or initiate an arbitration as described below if the Dispute is ineligible to be adjudicated in small claims court.
- Any Dispute that we are unable to resolve through the informal procedure described above and is ineligible for small claims court shall be resolved exclusively by final, binding arbitration ("Arbitration"). Except as discussed below in section 4.1, the Arbitration will be conducted before a single arbitrator administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures (or, if the amount in controversy exceeds $250,000, the JAMS Comprehensive Arbitration Rules And Procedures) in effect at the time the Arbitration is initiated (respectively, the "Applicable Rules"). The Applicable Rules can be found at www.jamsadr.com. This section 4 shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction.
- Mass Arbitrations. For any matter that involves twenty (20) or more arbitration claims that (1) involve the same or similar parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties, Arbitration will be conducted by ADR Services, Inc. (“ADR Services”) (https://www.adrservices.com/). The rules of ADR Services will govern all aspects of the arbitration, except to the extent those rules conflict with the Fandango Terms and Policies. The ADR Services fee schedule that governs “Mass Consumer Non-Employment” matters will apply, or a different apportionment of fees if agreed to by ADR Services, Fandango and you, subject to section 4.5 below. If Fandango is the party initiating an arbitration against you, Fandango will pay all costs associated with the arbitration, including the entire filing fee.
- No Class Relief. The Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis. Except as stated above in section 4.1 regarding mass arbitrations, the Arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated. Notwithstanding any other provision of the Fandango Terms and Policies or any applicable arbitration rules, disputes regarding the interpretation, applicability, or enforceability of this class waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration.
- Arbitrator Will Interpret This Agreement. The Arbitrator shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of the Fandango Terms and Policies and/or these arbitration provisions in this section 4, including any claim that all or any part of the Fandango Terms and Policies is void or voidable, except as expressly provided above in section 4.2.
- Location of Arbitration. The Arbitration shall be held either: (i) at a location determined under the Applicable Rules that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. If the only claims asserted in the Arbitration are for less than $25,000 in aggregate, the Arbitration may be held by telephone, video conference, or written submission.
- Arbitration Costs. If the Arbitrator finds that the costs and fees of Arbitration will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith.
- Interpretation and Enforcement of Arbitration Clause. Except for section 4.2 above, if any provision of the Fandango Terms and Policies is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Fandango Terms and Policies and shall not affect the validity and enforceability of any remaining provisions. But if section 4.2 is found to be unlawful, void or for any reason unenforceable, then this entire arbitration provision shall be null and void, and neither you nor we will be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to section 4.9 below.
- Opt out. You may opt out of this arbitration agreement. If you do so, neither you nor Fandango can force the other to arbitrate. To opt out, you must notify Fandango’s parent company NBCUniversal within 30 days of first becoming subject to this arbitration agreement by clicking here and following the instructions provided. In that form, all references to NBCUniversal shall be deemed to be references to Fandango, and all references to the Fandango Terms and Policies shall be deemed to be references to the Fandango Terms and Policies. Your notice must include your name and address and a clear statement that you want to opt out of this arbitration agreement.
- Modification of Arbitration Clause With Notice. This version, and any modification, of these arbitration provisions shall apply for claims made on or after the effective date of this version (or such modification) even if the NBCUniversal Transactions or Relationships giving rise to such claims occurred prior to this version (or such modification). If any modification is deemed to be unlawful, void or for any reason unenforceable, then the arbitration provisions effective at the time of your agreement to the Fandango Terms and Policies shall govern any dispute or disagreement between you and us regarding Transactions or Relationships.
- Dispute Resolution Only If A Tribunal Has Ruled That Arbitration Is Prohibited. If a court with appropriate jurisdiction prohibits arbitration of a dispute in accordance with this section 4, then the state or federal courts in New York shall have exclusive jurisdiction over the dispute, and to the maximum extent permitted by the mandatory laws in your country of residence, the Fandango Terms and Policies and any dispute arising out of or related in any way to the Fandango Terms and Policies or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of New York and the United States, without giving effect to any conflict of law principles.