My Marcus Rewards Terms and Conditions

These terms and conditions (this "Agreement") govern the My Marcus Rewards program (the “Program”) provided by Marcus Theatres Corporation (“Marcus Theatres”). Purchase, registration or use of any My Marcus Rewards Card at any time subjects users (individually, a “Member” and collectively, the "Members") to these Terms and Conditions, as they may be amended from time to time without notice.

1. My Marcus Rewards Program. My Marcus Rewards is a Program that permits registered Members to receive points for dollars they spend on movie tickets and concession items at participating Marcus Theatres® locations. Registered Members when presenting their My Marcus Rewards card (individually, a “Card” and collectively, the “Cards”) at the time of purchase of movie tickets and/or concession items will receive six (6) points for each dollar they spend on movie tickets purchased at a participating Marcus Theatres® box office or online and eight (8) points for each dollar they spend on concession items purchased at a participating Marcus Theatres® concession stand (the “Points”). All fractions of Points will be rounded up to the next whole Point. For example, if a Member spends $10.25 at the box office, the member will receive 62 Points, calculated as follows: $10.25 x 6 Points = 61.5 Points, which will be rounded up to 62 Points placed on the Card. Points received will be calculated based on dollars spent for each transaction, not by dollars spent over a series of transactions and net of any sales tax collected. In order to receive the Points, Members must present their Card at the time of purchase of movie tickets and/or concession items; once a transaction is completed, Points cannot be added to a Card.

2. Where to purchase a Card. A Card may be purchased for Six and 00/100 Dollars ($6.00) at participating Marcus Theatres ® locations and online at www.marcustheatres.com/rewards.  Members will receive their Card within 4-6 weeks of purchase if purchased online
Family members may also each obtain their own Card; however, neither Points nor Reward Dollars may be combined ot otherwise transferred among Cards.

3. Card Registration. In order to begin receiving Points, Members must first register their Card. Members may register their Cards either in person at any participating Marcus Theatres® location using the My Marcus Rewards iPad or online at www.marcustheatres.com/rewards.

4. Point Accumulation Schedule. Points will accumulate over a 12-month period beginning on the day the Member registers his or her Card and will reset to zero annually on each anniversary of the day the Member registered his or her Card.

5. Point Accumulation Restrictions.

a. Points accumulated may be redeemed in any future transaction, subject to exceptions contained within these Terms and Conditions, but may not be redeemed as a part of the same transaction where the Points were accumulated.

 b. Points will accumulate upon REDEMPTION of a gift card or VIP or other discounted movie ticket, but not for purchases of gift cards or VIP or other discounted tickets.

c. Points accumulate only for purchases of movie tickets and concession stand items; any other purchases such as for auditorium rentals, group shows, field trips and other similar events do not qualify for Point accumulation.

d. Points will accumulate only for movie ticket purchases made at Marcus Theatres® box offices or online; movie ticket purchases made at lobby kiosks do not qualify for Point accumulation.

e. Points for purchases made with coupons or pursuant to other special offers will accumulate according to the discounted amount actually paid by the Member.

f. Points are nontransferable and have no cash value.

6. Rewards Dollars.

As Points accumulate, Members will receive coupons, called “Rewards Dollars”, that may be redeemed at participating Marcus Theatres® locations toward the purchase of movie tickets and concession items in accordance with the following schedule:

    750 Points - $5 in Rewards Dollars
    1,500 Points - $10 in Rewards Dollars
    2,250 Points - $5 in Rewards Dollars
    3,000 Points - $10 in Rewards Dollars
    3,750 Points - $5 in Rewards Dollars
    4,500 Points - $10 in Rewards Dollars
    DIRECTOR LEVEL – 5,000 Points - $25 in Rewards Dollars
    5.250 Points - $5 in Rewards Dollars
    6,000 Points - $10 in Rewards Dollars
    6,750 Points - $5 in Rewards Dollars
    PRODUCER LEVEL - 7,500 Points - $50 in Rewards Dollars

After 7,500 Points, Members will receive Rewards Dollars in amounts alternating between $5 and $10 at 750 Point intervals indefinitely (for instance, at 8,250 Points, Members will receive $5 in Rewards Dollars, at 9,000 Points Members will receive $10 in Rewards Dollars and at 9,750 Points Members will receive $5 in Rewards Dollars, and so on); provided, however, that each year on the anniversary of the day the Member registered his or her Card the Points will reset to zero. The value of any accumulated Rewards Dollars will be stored on Members’ Cards and do not expire. Members may use their Rewards Dollars by swiping their Cards at participating Marcus Theatres® box offices and/or concession stands at the time they purchase movie tickets and/or concession items.

7. Rewards Dollar Restrictions.

a. Rewards Dollars may not be used to purchase gift cards, VIP tickets or for auditorium rentals, group shows, field trips or for other similar events.
b. Rewards Dollars must be used at time of purchase and may not be exchanged for credit on a previous purchase.
c. Reward Dollars may not be used to make online purchases.
d. Rewards Dollars are non transferrable and have no cash value.
e. Rewards Dollars may be taxable to the Member as provided by law.

8. Participating Marcus Theatres® Locations.

The Marcus Theatres® locations at which Points may be accumulated and Rewards Dollars may be redeemed, which locations are subject to change without notice, are as follows:

Oakdale Cinema 5677 Hadley Avenue North, Oakdale, Minnesota 55128
Rosemount Cinema 15280 Carrousel Way, Rosemount, Minnesota 55068
Shakopee Cinema 1116 Shakopee Town Square, Shakopee, Minnesota 55379
Elk River Cinema 570 Freeport, Elk River Mall, Elk River, Minnesota 55330
Hastings Cinema 1325 South Frontage Road, Hastings Minnesota 55033

9. Eligibility; Member Representations and Warranties. By purchasing a Card, Member represents and warrants that he or she is at least thirteen (13) years of age. If a Member is between the age of 13 and the age of majority in his/her state, the Member by enrolling in the Program acknowledges that he/she has obtained permission to do so from a parent or legal guardian. Marcus Theatres does not knowingly collect information about individuals under 13 years of age. Membership in the Program is open only to individuals; businesses and any other types of groups or entities are not eligible for Membership. Other exclusions may be made at the discretion of Marcus Theatres.

10. Suspension and Termination by Marcus Theatres. Marcus Theatres may temporarily suspend or permanently terminate a Member’s Card for any reason including, but not limited to the following:

a. Marcus Theatres suspects any fraud in any matter connected to entering into or performing these Terms and Conditions, including, without limitation, providing false information; or
b. The Member breaches any of these Terms and Conditions as reasonably determined by Marcus Theatres.

These suspension and termination rights do not limit any other rights Marcus Theatres may have against the Member. In connection with the enforcement of any provision of these Terms and Conditions Marcus Theatres reserves the right to take appropriate legal action as it deems necessary and Marcus Theatres will be entitled to recover damages, attorneys’ fees and court costs as allowed by applicable law.

11. Disclaimers; limitations on liability.

PARTICIPATION IN THE PROGRAM AND RECEIPT OF ANY OF ITS ASSOCIATED BENEFITS IS AT MEMBER’S SOLE RISK. REWARDS DOLLARS AND ANY OTHER BENEFITS THAT MAY BE PROVIDED BY MARCUS THEATRES TO MEMBERS ARE PROVIDED ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS.

MARCUS THEATRES AND ITS PARENT, AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (“COLLECTIVELY, THE “REWARDS CARD PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

EXCEPT AS OTHERWISE PROVIDED BY LAW, REWARDS CARD PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REWARDS CARD PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.


12. Indemnification. Members agree to release, indemnify and hold harmless Marcus Theatres, its affiliates, directors, officers and agents from all liabilities, claims and expenses, including, without limitation, attorneys’ fees, arising out of or in any way related to Member’s breach of these Terms and Conditions. Further, Members agree to reimburse Marcus Theatres for any Rewards Dollars or other Program benefits that were fraudulently obtained by Member.

13. Amendment to Terms and Conditions. Marcus Theatres may amend or otherwise change these Terms and Conditions at any time without notice or liability, even if the changes affect Point and/or Rewards Dollar quantities or values, by posting revised Terms and Conditions on the Program website located at www.marcustheatres.com/rewards. Any such amendment or change will take effect immediately upon posting, unless otherwise provided. Members may view the current version of these Terms and Conditions at any time online at 4 www.marcustheatres.com/rewards. Members may also obtain a copy by calling 1-855-289- 5471. Members are responsible for checking for updates to the Program from time to time.

14. Cancellation of Program. Marcus Theatres may cancel the Program at any time. Members will be notified of any such cancellation in the manner provided by applicable law prior to the effective date of the change. Members may cancel their Card at any time by emailing their request to loyalty@marcustheatres.com or by contacting Marcus Theatres’ guest service office at 855-289-5471 between 8:30 a.m. and 5:00 p.m. Central Time, Monday through Friday. Members who cancel voluntarily may not reactivate their Card but are eligible to open a new Card without the benefit of the previously accumulated Points.

15. Privacy and Data Protection. By enrolling in the Program, Members agree to receive advertising, marketing materials and other Program communications, unless expressly disallowed as a profile preference. Marcus Theatres expects Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, e-mail address and telephone number. All information provided by Members is subject to and will be handled according to the Marcus Theatres’ Privacy Policy, available at www.marcustheatres.com/privacy.

16. Governing Law. These Terms and Conditions, and the respective rights and obligations of the parties hereunder, are governed by and will be construed in accordance with the laws of the State of Wisconsin.

17. Binding Arbitration. Any claim or controversy arising out of or relating to these Terms and Conditions or the Program will be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such claim or controversy will be arbitrated on an individual basis and may not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Marcus Theatres from seeking any injunctive relief in State or Federal courts for protection of its intellectual property rights (including the rights of its licensors).

18. Entire Agreement. These Terms and Conditions, including all documents referenced herein, represent the entire understanding between Marcus Theatres and the Member with respect to the Program and supersede any other agreements, brochures, postcards, statements or representations, including, without limitation, any FAQs posted on any website owned or operated by Marcus Theatres from time to time. Headings used in these Terms and Conditions are for reference only and do not affect the meaning of any terms. All Members are deemed to have accepted these Terms and Conditions.

19. Lost Card. If a Member’s Card becomes lost or is stolen, the Member may call 855-289-5471 to report the Card lost or stolen. Upon receipt of such a report, Marcus Theatres will immediately deactivate the Card and mail a new one to the Member’s address on record.

20. Questions or Concerns. Members may contact Marcus Theatres with any questions or concerns regarding the Program or Cards by calling Marcus Theatres at 855-289-5471 between the hours of 8:30 a.m. and 5:00 p.m. Central Time, Monday through Friday or by emailing Marcus Theatres at: loyalty@marcustheatres.com.

This Agreement was last modified on November 1, 2011. ©2011, Marcus Theatres Corporation. All Rights Reserved.

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