VIP+ Program Terms

Effective as of September 1, 2018

UPDATE: THE FANDANGO VIP+ REWARDS POINTS SUMMER PROMOTION IS COMING TO AN END. THE LAST DAY TO EARN VIP+ POINTS IS AUGUST 31, 2018. REWARD DISCOUNTS WILL EXPIRE 14 DAYS AFTER THE DAY THEY ARE POSTED TO YOUR ACCOUNT. SEE BELOW FOR DETAILS.

These Fandango VIP+ Program Terms and Conditions ("Fandango VIP+ Program Terms") were last updated on: April 17, 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.

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"), FandangoNOW Site or Fandango FanShop 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 14th day after the date on which they were posted to your Fandango VIP account. The Fandango VIP+ Program will end on the "Promotion End Date" (which will be at 11:59pm Pacific Time on August 31, 2018 or such earlier or later time and date about which Fandango gives notice as detailed below), so you will not receive any VIP+ Points for ticket purchases that you make for a movie with a showtime starting after the Promotion End Date, and any VIP+ Points you have received that have not been converted into a Discount Reward by the Promotion End Date will expire by the Promotion End Date. In addition to the words Promotion End Date, you may also see in these VIP+ Program Terms the words "Promotion Period" which is the period of time that starts on April 17, 2018 and ends on the Promotion 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, FandangoNOW Site or Fandango FanShop 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 150 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 Promotion 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 Promotion Period may not qualify as a Qualifying Ticket. A "Qualifying Transaction" is the purchase during the Promotion 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 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 (i.e., if you use a promo code then only part of that purchase can be paid for using that promo code), unless otherwise specified in the terms and conditions of any specific 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. 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 600 VIP+ Points, Fandango will automatically convert these 600 VIP+ Points into a $6.00 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 600 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 14 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 May 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 May 15.

Expiration of VIP+ Points. All VIP+ Points not automatically converted into a Discount Reward (as described above) will expire on the Promotion 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 receive an email notification prompting you to convert it to a Discount Promo Code in order receive a discount. You must follow the instructions contained in the email notification, which will require you to visit a webpage to convert it into a Discount Promo Code specific for redemption on one of the following Fandango Sites: the Fandango Ticket Site, FandangoNOW Site or the Fandango FanShop Site. Once you convert a Discount Reward into a Discount Promo Code that is specific to one of these three Fandango Sites, it cannot be used on either of the other two Sites. 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 or the Fandango FanShop 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 or the Fandango FanShop 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; (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; and (c) the Fandango FanShop Site can only be redeemed for a discount on merchandise, but cannot be applied to reduce shipping and handling charges (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 $6.00 Discount Promo Code to purchase a $5.00 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. 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, the FandangoNOW Site or the Fandango FanShop Site. Your payment method (as described in the Movie Ticketing Policy, FandangoNOW Policy and FanShop 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 14 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 May 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 May 15. More specifically, a Discount Reward will expire at 11: 59pm Pacific Time on the 14th 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 14th 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, the FandangoNOW Site or the Fandango FanShop 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.

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 and redeem VIP+ Points and the number of VIP+ Points you received 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, and (ix) the Fandango VIP+ Program Terms.

Any VIP+ Points remaining in a Fandango VIP account that have not been converted into a Discount Reward by the Promotion 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 14 days before the Promotion 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 Promotion End Date so long as you redeem it within 14 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).

PROMOTION END DATE. The Fandango VIP+ Program is currently scheduled to end at 11:59pm Pacific Time on August 31, 2018, but may end earlier or later on notice by Fandango as detailed below (the "Promotion End Date"). Any VIP+ Points remaining in a Fandango VIP account that have not been converted into a Discount Reward by the Promotion End Date will be forfeited without compensation. If you are awarded a Discount Reward less than 14 days before the Promotion 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 Promotion End Date so long as you redeem it within 14 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.