VIP+ Program Terms

Effective as of November 19, 2018

These Fandango VIP+ Program Terms ("Fandango VIP+ Program Terms") were last updated on: November 19, 2018. When we say "our", "us", "we" or "Fandango" in these Fandango VIP+ Program Terms, we mean Fandango Media, LLC or its subsidiaries. When we say "Services" or "Site" in these Fandango VIP+ Program 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 Fandango VIP+ Program Terms or other Fandango Terms and Policies, or the other services provided through any of these means. MovieTickets.com and its various brands are not included in the Fandango VIP+ Program. These Fandango VIP+ Program Terms are subject to, and shall also include, the other Fandango Terms and Policies.

NOTICE OF ARBITRATION PROVISIONS: Your participation in the Fandango VIP+ 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.

REMINDER: THE FANDANGO VIP+ REWARDS POINTS SUMMER PROGRAM ENDED AUGUST 31, 2018. ALL VIP+ POINTS PREVIOUSLY AWARDED AS PART OF THE SUMMER PROGRAM HAVE EXPIRED. THESE FANDANGO VIP+ PROGRAM TERMS DO NOT APPLY TO THAT SUMMER PROGRAM, WHICH HAS NOW ENDED.

OVERVIEW

The Fandango VIP+ Program is a customer loyalty program and all eligible, registered persons who have signed up for a Fandango VIP account are automatically enrolled in the Fandango VIP+ Program ("Members"). Members will be able to receive VIP+ Points (defined below) under certain circumstances (each, a “Rewards Event”). You should check these terms, or the Fandango Sites, for various types of Rewards Events that may be offered from time to time. Fandango will automatically convert the requisite number of VIP+ Points into Discount Rewards (defined below), which can then be converted into a Discount Promo Code (defined below), which can be applied to Permitted Transactions (defined below) on the www.fandango.com ticket site or companion Fandango mobile app (“Fandango Ticket Site”), or the FandangoNOW Site. Note that Discount Rewards cannot be applied to the purchase of Fandango or FandangoNOW gift cards. Discount Rewards (and corresponding Discount Promo Codes) will expire at 11: 59pm Pacific Time on the 21st day after the date on which they were posted to your Fandango VIP account. The Fandango VIP+ Program will end on the date designated by Fandango via email or notice on this website (the “Program End Date”) (which will be at 11:59pm Pacific Time on such designated date), so you will not receive any VIP+ Points for ticket purchases that you make for a movie with a showtime starting after the Program End Date, and any VIP+ Points you have received that have not been converted into a Discount Reward by the Program End Date will expire by the Program End Date. In addition to the words Program End Date, you may also see in these VIP+ Program Terms the words “Program Period” which is the period of time that starts on November 19, 2018 and ends on the Program End Date. Whenever we mention “notice” in these VIP+ Program Terms, that notice can either be in the form of an email or via an update to these VIP+ Program Terms.

GENERAL PROGRAM PARTICIPATION

Eligibility; Restrictions. Membership in, and use of, the Fandango VIP+ 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. Eligible persons who signed up for a Fandango VIP account are automatically enrolled in the Fandango VIP+ Program. The Fandango VIP+ Program is solely for a Member's personal, non-commercial use. Corporations, groups, and associations are not eligible. We reserve the right not to extend the Fandango VIP+ Program benefits to employees of Fandango and NBC Universal. You must maintain a valid email address and promptly update your Fandango VIP account with any changes. The Fandango VIP+ Program is void where prohibited by law. Fandango may limit the number of 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 a Fandango VIP account on the Fandango Ticket Site or the FandangoNOW Site and have a valid email address on file are automatically enrolled in the Fandango VIP+ Program. VIP+ Points will be automatically linked to your Fandango VIP account.

Transferability. Membership in the Fandango VIP+ Program, any VIP+ Points received, any Discount Rewards, Discount Promo Codes 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 Fandango VIP 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+ Points, credits or debits made to or used by your Fandango VIP 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, Fandango VIP account, or any other breach of security related to the Fandango VIP+ Program. Please contact our customer service department at http://fandango.custhelp.com/ or by phone at 1- 866-857-5191.

RECEIVING POINTS THROUGH REWARDS EVENTS;
CONVERSION OF VIP+ POINTS INTO DISCOUNT REWARDS

The Fandango VIP+ Program involves two important measurements: VIP+ Points and Discount Rewards. VIP+ Points are accumulated through the occurrence of Reward Events. VIP+ Points may be converted into discounts, which may be applied to future Permitted Transactions ("Discount Rewards"), but not for purchases of gift cards. Discount Rewards will be issued in the form of a code, which then must be converted into a discount promo code (a “Discount Promo Code”) which can be used for Permitted Transactions.

VIP+ Points. . "VIP+ Points" will be received for Rewards Events. Each Qualifying Ticket will be a Rewards Event for which you will receive 125 VIP+ Points. A “Qualifying Ticket” is a movie ticket that you purchase in a Qualifying Transaction, where that ticket is for an exhibition that starts during the Program Period, and where you do not return or exchange the ticket (we will wait 24 hours after the movie time before it will be considered a “Qualifying Ticket”). A ticket that was purchased before the beginning of the Program Period may not qualify as a Qualifying Ticket. A “Qualifying Transaction” is the purchase during the Program Period of one or more movie tickets that you make using your Fandango VIP account on the Fandango Ticket Site, where all, or at least some portion, of that purchase is paid by you to Fandango using a credit or debit card, PayPal, credit in your Fandango VIP account from a prior exchanged purchase, or a Fandango gift card or a Fandango-eligible theater gift card (e.g., if you use a promo code then only part of that purchase can be paid for using that promo code, or if you receive a ticket from Fandango without paying Fandango because you received it as a benefit of being enrolled in a paid or free subscription or membership program then you must also pay Fandango for at least one other ticket in that transaction). If you pay 100% of the transaction with a promo code (regardless of whether it is a Discount Promo Code you obtain through this Fandango VIP+ Program, or any other promo code that you obtain through any other method) it will not be a Qualifying Transaction, and thus none of the movie tickets you purchase through the transaction will be Reward Events and you will not receive any VIP+ Points for them. If you receive a ticket from Fandango without paying Fandango because you received it as a benefit of being enrolled in a paid or free subscription or membership program, and there weren’t any other tickets in that transaction that you didn’t pay Fandango for as described above, then the transaction will not be a Qualifying Transaction, and the ticket will not be a Reward Event. Also, if you return or exchange any tickets, those tickets will not be Rewards Events, and thus you will not receive any VIP+ Points for them. VIP+ Points for a Qualifying Ticket will not be awarded to you until approximately 24 hours after the time of that Qualifying Ticket’s movie showing. The conduct or activity that constitutes or qualifies for, or the number of VIP+ Points to be awarded for, a Reward Event (or anything that would otherwise lead to a Reward Event such as a Qualifying Ticket or a Qualifying Transaction, for instance) may be changed by Fandango from time to time, in its sole discretion. Also, Fandango may offer VIP+ Points for a Reward Event under one set of rules for one promotion, and may opt not to offer VIP+ Points for engaging in that same activity under a subsequent or previous promotion.

Automatic Conversion of VIP+ Points to Discounts. . When you have received 500 VIP+ Points, Fandango will automatically convert these 500 VIP+ Points into a $5.00 Discount Reward which you will see reflected in your Fandango VIP+ Points account page, and about which you may receive an email at your email address associated with your Fandango VIP account. If you have less than 500 VIP+ Points in your Fandango VIP account, these VIP+ Points will remain in your account until: (a) you receive enough VIP+ Points to qualify for conversion of points into a Discount Reward, or (b) their expiration as set forth below. Note that any Discount Rewards or Discount Promo Codes you receive will NOT automatically be applied to your purchases. Please read below to learn how to redeem a Discount Reward or Discount Promo Code to apply a discount to a purchase. Also, note that once a Discount Reward is awarded, you will only have 21 days to convert it into a Discount Promo Code and use that Discount Promo Code to make a purchase.. For example, if you received a Discount Reward on December 1, you would have to convert it into a Discount Promo Code and then use that Discount Promo Code to make a purchase no later than December 22.

Expiration of VIP+ Points. All VIP+ Points not automatically converted into a Discount Reward (as described above) will expire on the Program End Date, unless an earlier or later date is otherwise provided.

Other VIP+ Points. Fandango may from time to time conduct special promotions and offer individual or specific Members the ability to receive VIP+ Points through the completion of certain activities, such as bonus points for making a certain number of movie ticket purchases over a set period of time, or may offer all Members a one-time opportunity to receive special promotional VIP+ Points, and thus there may be other types of Reward Events designated in the future. The details of any such promotion, including a description of the conduct required, the number of VIP+ Points available and the expiration date of the corresponding VIP+ 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 such VIP+ Points, such VIP+ Points shall expire as contemplated in the "Expiration of VIP+ Points" Section above.

REDEEMING DISCOUNT REWARDS; EXPIRATION; REFUNDS/EXCHANGES

When you receive a Discount Reward, you will see it posted to your Fandango VIP account, along with instructions which will require you to visit a webpage to convert it into a Discount Promo Code specific for redemption on the Fandango Ticket Site or the FandangoNOW Site. We may also send you an email when you earn a Discount Reward. Once you convert a Discount Reward into a Discount Promo Code that is specific to one of these Fandango Sites, it cannot be used on the other Site. For example, if you convert your Discount Reward into a Discount Promo Code for the Fandango Ticket Site, you will be able to use that Discount Promo Code on the Fandango Ticket Site, but not on the FandangoNOW Site, and if you convert your Discount Reward into a Discount Promo Code for the FandangoNOW Site you will not be able to use it on the Fandango Ticket Site. A Discount Promo Code that is redeemable on: (a) the Fandango Ticket Site can only be redeemed for a discount on a movie ticket; and (b) the FandangoNOW Site can only be redeemed for a discount on the rental of a movie or the purchase of a movie (including pre-order and movie collection bundles), TV show, episode or complete TV season on the FandangoNOW Site, subject to licensing restrictions (collectively, “Permitted Transactions”). Note that Discount Rewards cannot be applied to the purchase of Fandango or FandangoNOW gift cards. We reserve the right to exclude other products and services from the list of Permitted Transactions. After applying your Discount Promo Code, any unused balance will automatically expire. This means, for example, that if you use a $5.00 Discount Promo Code to purchase a $4.00 movie on the FandangoNOW Site, you will be purchasing that movie for free (you won’t have to pay anything), but the $1.00 remaining will expire and not be usable. Discount Rewards and Discount Promo Codes will not be automatically applied to transactions; you must affirmatively convert a Discount Reward into a Discount Promo Code and then affirmatively apply that Discount Promo Code. A Discount Promo Code cannot be aggregated with another Discount Promo Code in a single transaction or otherwise used in the same transaction as any other offer or promo code. If you choose to apply a Discount Promo Code to a movie ticket transaction for which AMC Stubs loyalty program rewards are also being applied, then the AMC rewards will be applied first, and the Discount Promo Code will be applied to the remaining transaction balance, if any. Please note that often AMC rewards may be applied automatically to a movie ticket transaction, so please take care before deciding to apply a Discount Promo Code to a movie ticket transaction. A Discount Promo Code can be used in only one transaction and is not valid for prior or subsequent purchases or rentals on the Fandango Ticket Site or the FandangoNOW Site. Your payment method (as described in the Ticketing Policy and FandangoNOW Policy) will be charged for any remaining balance due that is not covered and paid for by the value of the Discount Promo Code. You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using Discount Promo Codes or other rewards, unless Fandango specifically states otherwise in writing.

Expiration of Discounts. Once a Discount Reward is awarded, you will only have 21 days to convert it into a Discount Promo Code and use that Discount Promo Code to make a purchase. For example, if you received a Discount Reward on December 1, you would have to convert it into a Discount Promo Code and then use that Discount Promo Code to make a purchase no later than December 22. More specifically, a Discount Reward will expire at 11: 59pm Pacific Time on the 21st day after the date on which the Discount Reward was posted to your Fandango VIP account, and a Discount Promo Code will expire at 11: 59pm Pacific Time on the 21st day after the date on which the corresponding Discount Reward (i.e., the Discount Reward that was converted into the Discount Promo Code) was posted to your Fandango VIP account. Expired Discount Rewards and expired Discount Promo Codes cannot be reinstated.

Refunding or Exchanging a Ticket, Movie or Other Item Acquired with a Discount Promo Code. If a ticket, movie or other item purchased using a Discount Promo Code is exchanged or refunded, the rules otherwise applicable to promo codes will apply to the Discount Promo Codes. For instance, if a movie ticket is purchased using a Discount Promo Code and then that movie ticket is returned for a refund or exchanged, then the Discount Promo Code will be forfeited, and you will not receive any value for it as part of that refund or exchange.

Redeeming Discounts For Pre-Order Content. You may apply a Discount Promo Code toward the purchase of a pre-order title that is available for sale through the FandangoNOW Site and which offers a pre-order option, such as for movies, TV shows, TV episodes, or complete seasons of TV shows. After the application of the Discount Promo Code, 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 Discount Promo Code applied to the pre-order product will not be converted back or reinstated into VIP+ Points and you will forfeit any rights you had to those VIP+ Points or a Discount Reward or Discount Promo Code.

Fandango may from time to time permit the redemption of Discount Rewards for other activities, products and services. Any use of Discount Rewards or Discount Promo Codes in connection with such activities, products or services other than those specified and authorized by Fandango, constitutes fraud and you may be prosecuted.

Any VIP+ Points you receive are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use towards the receipt of Discount Rewards. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your VIP+ Points, Discount Rewards or Discount Promo Codes; they shall remain Fandango property at all times. Neither VIP+ Points nor Discount Rewards nor Discount Promo Codes have any monetary or cash value and they may not be redeemed with us or any third party for cash or any cash equivalent. VIP+ Points, Discount Rewards and Discount Promo Codes are not transferable and cannot be combined with other offers or with another person's VIP+ Points, Discounts Rewards or Discount Promo Codes. VIP+ Points, Discount Rewards and Discount Promo Codes 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+ Points, Discount Rewards or Discount Promo Codes may result in disqualification from the Fandango VIP+ Program and forfeiture of all VIP+ Points, Discount Rewards and Discount Promo Codes. Other exclusions and restrictions may apply.

LOSS OF VIP+ POINTS AND DISCOUNTS;
TERMINATION OF YOUR PARTICIPATION IN THE FANDANGO VIP+ PROGRAM

You are responsible for regularly checking your Fandango VIP account and ensuring the accuracy of your VIP+ Points totals and must notify Fandango of any omission, incorrect entry or other discrepancy within three (3) days of its occurrence. VIP+ Points subsequently determined, in the sole discretion of Fandango, to be invalid, will be removed from a Member's VIP+ Points accumulation total.

Fandango may revoke your ability to participate in the Fandango VIP+ Program due to: (i) your abuse of the Fandango VIP+ Program, including, without limitation, your use of any "bot," macro, or other automated means to participate in the Fandango VIP+ Program or to receive VIP+ Points; (ii) your failure to follow the Fandango VIP+ Program Terms, the Terms and Policies, or any other terms or conditions applicable to the Fandango Site, or the FandangoNOW Site; (iii) the attempted or actual sale or transfer of any of your VIP+ Points, Discount Rewards, Discount Promo Codes or your Fandango VIP account; (iv) any misrepresentation by you; (v) suspension or termination of your Fandango VIP 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 Fandango VIP+ 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 Fandango VIP+ Program is revoked, any unused VIP+ Points, Discount Rewards or Discount Promo Codes will automatically expire and be forfeited and your future participation in the Fandango VIP+ Program may be prohibited. In addition, Fandango has the right to take appropriate administrative or legal action as it deems appropriate. Fandango is not responsible for VIP+ Points, Discount Rewards and Discount Promo Codes 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 Fandango VIP+ Program and your participation in it. Fandango is the sole arbiter of all issues relating to the Fandango VIP+ Program, including a decision to remove VIP+ Points, Discount Rewards or Discount Promo Codes or to deny VIP+ Points, and all of Fandango's decisions relating to the Fandango VIP+ Program are final.

Because all Fandango VIP accounts automatically participate in the Fandango VIP+ Program, if you do not wish to participate in the Fandango VIP+ Program you must terminate your Fandango VIP account. Further, since having a Fandango VIP account is a requirement in order to participate in the Fandango VIP+ Program, termination of your Fandango VIP account (either by you or by Fandango) will result in the automatic termination of your participation in the Fandango VIP+ Program. Termination of your Fandango VIP account (either by you or by Fandango) will result in the forfeiture of any VIP+ Points, Discount Rewards and Discount Promo Codes then associated with your Fandango VIP account. If you later elect to re-open a Fandango VIP account, you will not have access to any Fandango VIP+ Points, Discount Rewards or Discount Promo Codes previously associated with your Fandango VIP account and your beginning balance of VIP+ Points will be zero.

Fandango VIP+ Points accrued in a Member's account shall be maintained in the account until they are converted into a Discount Reward or until they expire, whichever occurs first. Any Member who fails at any time to engage in Account Activity for a period of eighteen (18) consecutive months is subject to termination of such Member’s membership and/or forfeiture of all accrued Fandango VIP+ Points. Fandango may, but shall have no obligation to, send a Member a notification of Fandango VIP+ Points nearing expiration. "Account Activity" shall be deemed to occur when a Member either (a) accrues Fandango VIP+ Points in the Member’s account in any manner recognized by the Fandango VIP+ Program, or (b) redeems any Discount Reward.

MODIFICATION OF THE FANDANGO VIP+ PROGRAM TERMS

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 Fandango VIP+ Program, including, without limitation: (i) your ability to receive or redeem VIP+ Points and the number of VIP+ Points you receive through Rewards Events or promotions, (ii) offer additional or new Rewards Events for a limited time or permanently, (iii) limit the number of times or frequency a Member may receive VIP+ Points for engaging in a Rewards Event or engaging in the activity during a specific time period, (iv) offer VIP+ Points opportunities to select groups of Members, (v) redemption and conversion requirements, (vi) Discount Reward and Discount Promo Code values and amounts, (vii) what Discount Reward Codes and Discount Promo Codes can be redeemed for, (viii) the mechanism for redeeming or receiving Discount Rewards and Discount Promo Codes, (ix) how many points are required to be accumulated in order to receive a reward or what the reward allows you to receive, and (x) the Fandango VIP+ Program Terms. Members may not rely on the continued availability of the benefits of the Fandango VIP+ Program. For example, a Member may purchase four pre-sale movie tickets with a showtime that is scheduled to occur two months after that purchase, and Fandango may terminate the Fandango VIP+ Program prior to the occurrence of that showtime, in which case the Member will not receive any Fandango VIP+ Points or a Discount Reward for the purchase.

These Fandango VIP+ Program Terms control your participation in the Fandango VIP+ Program and no covenants at law or in equity shall be implied or incorporated, all of which are expressly disclaimed. Fandango has the sole right to interpret and apply the Fandango VIP+ Program Terms. If Fandango improperly denies an accrual or benefit, liability will not exceed the equivalent value, as determined by Fandango, of that accrual or benefit.

Any VIP+ Points remaining in a Fandango VIP account that have not been converted into a Discount Reward by the Program End Date will be forfeited without compensation. Fandango makes no guarantee or representation as to the length of time during which the Fandango VIP+ Program will be offered, and the Fandango VIP+ Program could end at any time. If you are awarded a Discount Reward less than 21 days before the Program End Date, then you will still be able to convert that Discount Reward into a Discount Promo Code and redeem that Discount Promo Code after the Program End Date so long as you redeem it within 21 days of the Discount Reward being posted to your Fandango VIP account.

If any term or change to the Fandango VIP+ Program 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 Fandango VIP+ Program, including, without limitation, any VIP+ Points, Discount Rewards or Discount Promo Codes. Fandango will notify you of changes to the Fandango VIP+ Program Terms by posting them to the Fandango Ticket Site. The updated Fandango VIP+ Program 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 Fandango Ticket Site regularly for any changes to the Fandango VIP+ Program Terms. If you object to the Fandango VIP+ Program Terms or any changes hereto or at any time become dissatisfied with the Fandango VIP+ Program, your sole recourse shall be to cease using the Fandango VIP+ Program. Your continuing use of the Fandango VIP+ 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).

PROGRAM END DATE. The Fandango VIP+ Program will end on the date designated by Fandango via email or notice on this website (the “Program End Date”) (which will be at 11:59pm Pacific Time on such designated date), so you will not receive any VIP+ Points for ticket purchases that you make for a movie with a showtime starting after the Program End Date. Whenever we mention “notice” in these VIP+ Program Terms, that notice can either be in the form of an email or via an update to these VIP+ Program Terms Any VIP+ Points remaining in a Fandango VIP account that have not been converted into a Discount Reward by the Program End Date will be forfeited without compensation. If you are awarded a Discount Reward less than 21 days before the Program End Date, then you will still be able to convert that Discount Reward into a Discount Promo Code and redeem that Discount Promo Code after the Program End Date so long as you redeem it within 21 days of the Discount Reward being posted to your VIP Rewards account. Whenever we mention “notice” in these VIP+ Program Terms, that notice can either be in the form of an email or via an update to these VIP+ Program Terms.

All questions or disputes regarding eligibility for the Fandango VIP+ Program, collection or redemption of VIP+ Points, Discount Rewards or Discount Promo Codes, or a Member's compliance with the Fandango VIP+ Program Terms will be resolved by Fandango, in its sole and absolute discretion. All such decisions are final. VIP+ Points will not be refunded or placed back in a Member's quantity of redeemable VIP+ Points for any reason after redemption has been made, including if you return the item purchased using a Discount Reward or Discount Promo Code.

Information about your Fandango VIP+ Program account activity can be accessed online HERE when signed in with your sign in credentials. Information includes, but is not limited to, your VIP+ Points, Discount Rewards, Discount Promo Codes and expiration dates. For information about your membership, contact Fandango at http://fandango.custhelp.com/, by phone at 1-866-857-5191 , or by mail at Fandango, 407 North Maple Drive, Suite 300, Beverly Hills, CA 90210; attention: VIP+ Program.