National Amusements, Inc., its subsidiaries and affiliates, which collectively operate under the Showcase Cinemas brand (the “Showcase”) is offering members of the Showcase Subscribe program (“Members”) the opportunity to earn Discounts (as defined below) by referring others to join Showcase Subscribe (the “Referral Program”). Showcase reserves the right to terminate the Referral Program at any time for any reason.
These terms and conditions (“Terms and Conditions”) shall apply to a Member’s participation in the Referral Program. By participating in the Referral Program, Members acknowledge and agree to be bound by these Terms and Conditions. If a Member does not agree to the entirety of the Terms and Conditions, the Member is not authorized to participate in the Referral Program in any manner. Members may not participate in the Referral Program where doing so would be prohibited by any applicable law, regulation, or professional code of conduct. Showcase reserves the right to modify or amend these Terms and Conditions at any time. Showcase further reserves the right to disqualify any Member or cancel any Member of Showcase Subscribe accounts at any time from participation in the Referral Program if he or she does not comply with these Terms and Conditions. Showcases failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
2. Eligibility. To participate in the Referral Program, a Member must belong to the Showcase Subscribe program during the Referral Program Period, which starts on May 2, 2019 (as defined below), and at the time the applicable referral is made. The Member must be fully compliant with the terms and conditions of the Showcase Subscribe program, which can be found at https://www.showcasesubscribe.com/terms.
Employees, officers and directors, their immediate family members (spouse, siblings, children and parents, regardless of where they live) or members of the same households (whether related or not) of Showcase or its affiliates are not eligible to participate in the Referral Program.
3. How the Referral Program Works.
• Referral Program Participation. During the Referral Program Period, which starts on May 2, 2019 at 12:01 a.m. Eastern Time and ends on December 31, 2019 at 11:59 p.m. Eastern Time, eligible Members can participate by receiving an email invitation and following the on-screen instructions to refer third parties to join the Showcase Subscribe program. All Members have the option to become a “Referrer” and have access to a personalized link connected to their Showcase Subscribe program account (“Referrer Link”) to share with third parties (each, a “Referred Individual”). The Referrer will also have access to a personalized referral code (“Referrer Code”) to share with Referred Individual. The Referrer can access the Referrer Link and Referral Code by accessing their Showcase Subscribe account through the Showcase Subscribe app to send to third parties – the Referrer may add personalized language to the referral email or text message, but Referrer is not authorized to alter, amend or delete any language initially present in the populated email unless otherwise specified.
If Referrer chooses to share the Referrer Link or Referrer Code outside of the populated email or text message, REFERRER MUST TELL THIRD PARTIES THAT REFERRER IS ELIGIBLE TO RECEIVE A DISCOUNT IF THE THIRD PARTY REGISTERS FOR SHOWCASE SUBSCRIBE. Failure to do so will constitute a violation of these Terms and Conditions, Referrer may be disqualified from the Referral Program, and any Discounts earned by Referrer may be forfeited.
• Qualified Referrals. Referrers who participate in the Referral Program must do so genuinely by only referring real individuals who the Referrer believes in good faith may wish to participate in the Showcase Subscribe program. Discounts will only be awarded for Qualified Referrals completed during the Referral Program Period. Maximum of one Discount amount issued per Qualified Referral.
A “Qualified Referral” means that all of the following conditions are met:
1. the Referred Individual is a resident of the US who is 18 years of age or older;
2. the Referred Individual consented to their personal information being shared with Showcase;
3. the Referred Individual is not a current Showcase Subscribe program member; and
4. the Referred Individual registered for the Showcase Subscribe program during the Referral Program Period by clicking on the Referrer’s personalized Referrer Link or by entering the Referrer’s personalized Referrer Code when prompted upon registering for Showcase Subscribe (registrations for the Showcase Subscribe program through any other link or method will not count as a Qualified Referral).
• Discounts. Referrer shall receive one Discount for each valid Qualified Referral. As used in these Terms and Conditions, “Discount” equates to 20% off the Referrer’s next plan period for each Qualified Referral who signs up using the Referrer’s referral code or link. If the Referrer shares his/her referral code or link and five Qualified Referrals sign up for Showcase Subscribe as a result, the Referrer’s next plan period is free. Referrers can receive a discount for a maximum of five (5) Qualified Referrals per thirty (30) day plan period. Please allow up to twenty-five (25) business days following the Qualified Referral for the Discount to appear on the Showcase Subscribe program account. Each Referred Individual shall also receive one Discount equating to 20% off their first plan period.
Discounts may only be received through the Showcase Subscribe program and are subject to the Showcase Subscribe Terms and Conditions located at https://www.showcasesubscribe.com/terms. Restrictions may apply. Discounts are not transferable. No substitution or cash redemption of any Discount, or portion thereof, is permitted, except at the sole discretion of Showcase.
Discounts are subject to verification and may be delayed for purposes of an investigation. Showcase may withhold a Discount for investigation, or refuse to process any transaction Showcase deems to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Showcase, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representative and agent, in each Showcase sole discretion. All decisions of Showcase are final and binding.
• Prohibited Conduct. Members agree not to use the Referral Program to:
1. Violate applicable law;
2. Infringe the intellectual property rights of Showcase or any third parties;
3. Stalk, harass, or harm another individual;
4. Collect or store personal data about other Members;
5. Impersonate any person, or otherwise misrepresent The Member’s identity;
6. Interfere with, disrupt or violate these Terms and Conditions or servers or networks connected to the Referral Program, or disobey any requirements, procedures, policies, or regulations of such networks;
7. Interfere with another Member’s use of the Referral Program;
8. Attempt to gain unauthorized access to the Referral Program, or to other accounts, computer systems, or networks connected to the Referral Program;
9. Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
10. Use the Referral Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
11. Resell, barter, trade, auction or otherwise generate income by providing access to the Referral Program or the Discounts to others.
• Bulk Distribution. If a Referrer provides the Referrer Link or Referrer Code to third parties by email or other communication, the communication must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. Bulk email distribution, distribution to strangers, or any other promotion of a personal link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Showcases sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's account, deactivation of the Referrer Link and Referrer Code, and disqualification from the Referral Program.
Showcase has no obligation to monitor the content provided by Members; however, Showcase may choose to do so and block any email messages, remove any such content, or prohibit any use of the Referral Program. Each Referrer is the actual sender of the emails and/or text messages and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Released Parties (defined below) against any liabilities, costs and expenses it incurs as a result of such spam.
• Fraudulent and Suspicious Behavior. Showcase may prohibit a Member from participating in the Referral Program or receiving a Discount, in its sole discretion, if Showcase determines such Member is attempting to undermine the fairness, integrity or legitimate operation of the Referral Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Members or representatives of Showcase. Use of any automated system to participate is strictly prohibited and will result in disqualification. Members may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Referral Program or receive a Discount. Showcase reserves the right to disqualify any Member and/or cancel any Discount(s) it finds to be tampering with the entry process or the operation of the Referral Program, submitting self-referrals, or violating these Terms and Conditions. Referrals generated by a script, macro or other automated means will be disqualified. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REFERRAL PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE REFERRAL PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, SHOWCASE RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
5. Liability. By participating in the Referral Program, Members agree:
• to be bound by these Terms and Conditions, the decisions of Showcase and/or its designees, and the Showcase Subscribe Terms and Conditions accessible at https://www.showcasesubscribe.com/terms;
• to be contacted by Showcase via email;
• to release and hold harmless Showcase and its affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Referral Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Referral Program;
• THE RELEASED PARTIES SHALL 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 ONE OR MORE RELEASED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE REFERRAL 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 INTO VIA THE USE OF THE REFERRAL PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER OR REFERRED INDIVIDUAL’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE REFERRAL PROGRAM; or (v) ANY OTHER MATTER RELATING TO THE REFERRAL PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; and
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE REFERRAL PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) WILL NOT EXCEED $100.
The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Discount, or from participation in the Referral Program; (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Referral Program; or (vi) claims, demands, and damages in disputes among Members, Referrers, and/or Referred Individuals. Showcase disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Referral Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Referral Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond Showcases control, corrupt the administration, security or proper play of the Referral Program.
The Released Parties shall not be liable to any Members for failure to supply any Discount or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties ' control. Showcase reserves the right to cancel or suspend this Referral Program should it determine, in its sole discretion, that the administration, security or fairness of this Referral Program has been compromised in any way.
6. Disclaimer of Warranties. USE OF THE REFERRAL PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS ARE AT MEMBER’S SOLE RISK. THE REFERRAL PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE RELEASED PARTIES 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 NON-INFRINGEMENT. SHOWCASE MAKES AND GIVES NO WARRANTY THAT (i) THE REFERRAL PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE REFERRAL PROGRAM WILL BE ACCURATE OR RELIABLE, OR (iii) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
7. Governing Law. These Terms and Conditions, and the respective rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflict of law principles.
8. Binding Arbitration. Any controversy or claim arising out of or relating to these Terms and Conditions (including any breach hereof) or the Referral Program shall 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 controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Showcase from seeking any injunctive relief in State or Federal courts for protection of its intellectual property rights (including such rights of its licensors).
9. Enforceability. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect. A person who is not a party to these Terms and Conditions shall have no right to enforce or receive the benefit of any provision of these Terms and Conditions.