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MAGICAL MOVIE REWARDS® LOYALTY PROGRAM

TERMS AND CONDITIONS

Magical Movie Rewards is one way in which Marcus rewards and thanks loyal customers for their business. Registered members of Magical Movie Rewards are able to earn and accumulate “Points” that can be redeemed for “Rewards Dollars” at participating Marcus Theatre® locations and affiliated food and beverage outlets, such as Zaffiro’s Pizzeria, Zaffiro’s Express, Take Five Lounge, Big Screen Bistro, and Reel Sizzle℠ (each a “Participating Location” and all such locations are “Participating Locations”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, USING, OR OTHERWISE PARTICIPATING IN THE MAGICAL MOVIE REWARDS® PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS THEY MAY BE CHANGED FROM TIME TO TIME, AND ALL TERMS INCORPORATED BY REFERENCE. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS AND RELATED POLICIES FREQUENTLY TO UNDERSTAND THE TERMS AND CONDITIONS APPLICABLE TO YOUR PARTICIPATION IN MAGICAL MOVIE REWARDS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

Please read the Privacy Policy at http://MarcusTheatres.com/about-marcus- theatres/privacy-policy carefully to understand how Marcus collects, uses, and discloses information about customers, including through your participation in Magical Movie Rewards.

Joining Magical Movie Rewards.

All U.S. residents age 13 or older are eligible to join Magical Movie Rewards. You may only have one (1) Magical Movie Rewards account that is personal to you. Magical Movie Rewards is not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only participate in Magical Movie Rewards under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. There are no membership fees associated with Magical Movie Rewards.

In order to register, you are required to provide the following information: name, email address, birthday, and phone number.

The email address provided must not already be in use by someone else in the program and must be verifiable via email authentication. Once the member verifies the email provided, the member is fully enrolled and able to earn points on qualified purchases and redeem reward dollars. You will need a digital Magical Movie Rewards® card obtained through the Marcus Theatres® mobile app (both a physical card or a digital card are referred to as a “Card”) to become a registered member of Magical Movie Rewards. You can receive a digital Card by:

(1) Enrolling online at http://www.marcustheatres.com/rewards/join.

(2) Download the Marcus mobile app to your Android™ or iPhone® device. Follow the prompts to create an account and register a digital Card.

Earning Points.

Magical Movie Rewards members earn Points by showing their digital Card and presenting it prior when making purchases at Participating Locations and online at http://www.marcustheatres.com/ (each, a "Qualifying Purchase"). Members may also provide the mobile number in their profile along with photo identification to earn points on purchases made at the theatre. Members signed into Magical Movie Rewards in the App or www.Marcustheatres.com website will earn points on all qualified purchases of movie tickets and food products online.

Subject to the restrictions below, you will earn Points as follows:

  • Sign-up Bonus Points, in an amount determined by Marcus from time to time, on your first transaction after registering your Card.
  • One (1) Point for each dollar spent on (a) movie ticket purchases at a Participating Location box office, online at https://www.marcustheatres.com or through the Marcus Theatres® mobile app, and (b) concessions and food and beverage items purchased at Participating Locations; and
  • Twenty-five (25) Points for the purchase of a $100 Marcus Theatres® Gift Card.

In addition, you may earn Bonus Points by meeting the terms of limited-time promotional opportunities offered by Marcus in connection with certain purchases.

The following restrictions apply to the accumulation of Points:

  • You will only accumulate Points upon redemption of a Marcus Theatres® Gift Card or other discounted movie tickets and vouchers, not for the purchase price of these items (with the exception of the purchase of a $100 MarcusTheatres® Gift Card, in which case you will earn twenty-five (25) Points at the time of purchase).
  • Your purchase of auditorium rentals, group shows, field trips, catering events, and other similar events are not Qualified Purchases and do not qualify for Points.
  • If you use coupons or other special offers at the time of a Qualifying Purchase, you will earn Points in accordance with the discounted amount actually paid.
  • Regardless of purchase price, you may earn a maximum of two hundred (200) Points per Qualifying Purchase and one thousand (1,000) Points per day.
  • To maintain your Points, you must earn at least one (1) new Point during any consecutive one hundred eighty (180) day period or your Point balance will expire.

Rewards Dollars.

Subject to the restrictions below, as your Points accumulate, your Card will be credited with digital coupons called "Rewards Dollars," which, subject to the prior registration of your Card, you may redeem at Participating Locations toward the purchase of movie tickets, concession items, and other food or beverage purchases.

Once you earn 100 Points, you will automatically receive five (5) Rewards Dollars and your point balance will return to zero (0). You may use your Rewards Dollars by presenting and scanning your Card at a Participating Location's concession stand and for food and beverage items at the time of purchase.

The following restrictions apply to Reward Dollars:

  • Your Card must be registered to earn and use Rewards Dollars.
  • You may not use Rewards Dollars to purchase gift cards, VIP tickets, or for auditorium rentals, group shows, field trips, catering events, or for other similar events.
  • Your ability to use Rewards Dollars to purchase alcoholic beverages may be limited by applicable law.
  • You must use your Rewards Dollars at time of purchase and may not exchange Rewards Dollars for credit against a previous Qualified Purchase.
  • Rewards Dollars are non-transferrable and have no cash value.
  • You may incur taxable income in connection with earning and using Rewards Dollars as provided by law.
  • All of your Rewards Dollars will expire if you do not redeem or earn Rewards Dollars in any rolling 180-day period, even if you have earned Points during this same 180-day period.

Other Benefits.

Magical Movie Rewards members who have made 4 or more total paid visits (defined below) in a calendar year (January 1 – December 31) will qualify to receive the benefit of waived online service fees on ticket purchases for the balance of the current and next calendar year.

Members who have not achieved 4 total paid visits in the calendar year, regardless of when they joined Magical Movie Rewards, will be charged online service fees on Wednesday through Monday ticket purchases.

Online service fees on Value Tuesday tickets purchases will continue to be waived for all members.

Paid visits are determined as follows:

  • Tickets must be purchased through a valid Magical Member Rewards account.
  • Refunded tickets will not count towards the paid visits total.
  • Passports and paid subscription visit tickets count as paid visits.
  • All paid Value Tuesday visits count as paid visits.
  • Only one visit per day is counted as a paid visit.

You may receive other benefits by participating in Magical Movie Rewards, such as early access events and member-only promotions and offers. All Magical Movie Rewards benefits are subject to change at any time without notice. You may

also receive email communications from authorized third-party partners that help us provide membership benefits or offers directly to our members. You may opt out of these emails by clicking on the unsubscribe link provided in such emails.

Disclaimers; Limitations on Liability.

PARTICIPATION IN MAGICAL MOVIE REWARDS AND RECEIPT OF ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. REWARDS DOLLARS AND ANY OTHER BENEFITS THAT MAY BE PROVIDED BY MARCUS TO YOU ARE PROVIDED ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARCUS EXPRESSLY DISCLAIMS 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, MARCUS 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 MARCUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE POINTS AND/OR REWARDS DOLLARS OR PROGRAM BENEFITS; (ii) MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF A MEMBER’S PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO MAGICAL MOVIE REWARDS.

Indemnification.

You agree to release, indemnify and hold Marcus harmless from all liabilities, claims and expenses, including, without limitation, attorneys' fees, arising out of or in any way related to your breach of these Terms and Conditions. Further, you agree to reimburse Marcus for any Rewards Dollars or other Magical Movie Rewards benefits that were fraudulently or inappropriately obtained by you in Marcus’ sole determination.

Amendment to Terms and Conditions.

Marcus may amend, modify, 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, values and earning or redemption opportunities, by posting revised Terms and Conditions located at http:www.marcustheatres.com/movie-rewards/terms- conditions. Marcus may change the list of Participating Locations at any time and from time to time without notice. Any such amendment or change will take effect immediately upon posting, unless otherwise provided, and you waive any right you may have to receive specific notice of such amendments, modifications, or changes. You may view the current version of these Terms and Conditions at any time online at http:www.marcustheatres.com/movie-rewards/terms-conditions.

Visit www.marcustheatres.com/theatre-locations to find the Participating Location nearest you. You may also obtain a copy by calling 855-289-5471. You are responsible for checking for updates to Magical Movie Rewards® program rules from time to time.

Cancellation of Magical Movie Rewards.

Marcus may cancel Magical Movie Rewards at any time. You will be notified of any such cancellation in the manner provided by applicable law prior to the effective date of the change. You may cancel your Card at any time by emailing a request to rewards@marcustheatres.com or by contacting Marcus Theatres® guest service office at 855-289-5471. If you cancel voluntarily, you may not reactivate your Card but are eligible to obtain and register a new Card without the benefit of the previously earned Points and Rewards Dollars.

Marcus may terminate your account and/or your participation in Magical Movie Rewards if Marcus determines in its sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful.

Marcus also reserves the right to "unregister" and make ineligible for Magical Movie Rewards program points or Rewards any Card that has been inactive for two (2) consecutive years. Inactive is defined as no Points earned.

Governing Law.

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

Binding Arbitration.

Any claim or controversy arising out of or relating to these Terms and Conditions must 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 does not preclude Marcus from seeking any injunctive relief in State or Federal courts for protection of its intellectual property rights (including the rights of its licensors).

Lost Card.

If you lose your Card or your Card is stolen, you may call 855-289-5471 or e-mail rewards@marcustheatres.com to report the Card lost or stolen. Upon receipt of such a report, Marcus will deactivate the Card. Marcus is not responsible for any unauthorized redemption of Rewards prior to receiving notification that the Card has been lost or stolen.

Miscellaneous.

These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Marcus for products, services, or otherwise.

The Magical Movie Rewards® program is operated by Marcus Theatres Corporation, or its subsidiaries, licensees, and affiliated companies (collectively, “Marcus”).

Points and Rewards Dollars earned under Magical Movie Rewards are promotional and have no cash value.

Questions or Concerns.

You may contact Marcus with any questions or concerns regarding Magical Movie Rewards or your Card by calling Marcus Theatres at 855-289-5471 or by emailing Marcus at: rewards@marcustheatres.com.

Updated: September 27, 2024

4821-5736-6815, v. 3


 

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