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Terms and Conditions

TERMS AND CONDITIONS – REVISED AS OF AUGUST 30, 2024

PLEASE NOTE: SPONSOR (AS DEFINED BELOW) HAS ANNOUNCED THAT THE DISNEY MOVIE INSIDERS PROGRAM WILL BE SUNSET AS OF DECEMBER 4, 2024 (THE “PROGRAM SUNSET”). FOR ANSWERS TO COMMON QUESTIONS RELATING TO THE PROGRAM SUNSET, PLEASE VISIT THE PROGRAM FAQ’S.

PLEASE READ CAREFULLY. By joining the Disney Movie Insiders (formerly known as “Disney Movie Rewards”) Loyalty Program (the “Program”) you agree to the following terms and conditions (“Terms and Conditions”). These Terms and Conditions incorporate The Walt Disney Company Terms of Use (“TWDC Terms of Use”) and your agreement to these Terms and Conditions constitutes your agreement to the TWDC Terms of Use. For purposes of interpreting the TWDC Terms of Use in connection with the Program, the “Disney Services” means the Program. If any provision in these Terms and Conditions conflicts with any provision in the TWDC Terms of Use, the conflicting provision in these Terms and Conditions will control. Capitalized terms used but not defined herein will have the meanings provided in the TWDC Terms of Use.

A. Overview of the Disney Movie Insiders Loyalty Program

  1. The Program is a loyalty program sponsored by ABC, Inc. (“Sponsor”) through which Enrollees may earn non-monetary loyalty points (“Points”) through the methods described in Section F below or through other methods as may be added by Sponsor from time to time. Individuals may visit the Program’s website, located at www.DisneyMovieInsiders.com (the “Website”), to, among other things and in each case, subject to these Terms and Conditions, enroll in the Program, earn Points and redeem for Rewards. For more information regarding supported devices, operating systems, web browsers and/or other related minimum system requirements to access and use the Website, visit the Program’s FAQ’s. The Website will be referred to herein as the “Platform”.
  2. Individuals who have properly enrolled in the Program in accordance with the requirements of Section D below and remain in good standing with the Program, including without limitation, in compliance with these Terms and Conditions, will be deemed “Enrollees.”
  3. Enrollees may redeem their Points for Rewards available in the “Rewards Catalog”, accessible via the Platform. PLEASE NOTE: DUE TO THE PROGRAM SUNSET, THE LAST DAY/TIME FOR REDEMPTION OF POINTS FOR REWARDS IS DECEMBER 3, 2024, AT 11:59 PM PT.

B. Eligibility

  1. The Program is open to Enrollees who are legal residents of the 50 United States (and the District of Columbia), Puerto Rico, Guam, American Samoa, US Virgin Islands, the Northern Mariana Islands and Canada (excluding Quebec) (the “Territory”) and who are 18 years and older at the time of enrollment. Some promotions, offers and Rewards may be available only to those 21 years and older. While employees, directors and officers of Sponsor, its parent and subsidiary companies, and third-party service providers involved in the development or execution of the Program or production or distribution of Program materials, as well as their immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) are eligible to enroll in the Program, such individuals may not be eligible for all promotions or offers available via the Program, including without limitation, sweepstakes or similar promotions. Such individuals should refer to the official rules for any such promotion or offer for complete eligibility details. The Program is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations. Void in Quebec and where prohibited by law.
  2. Enrollment or participation in the Program constitutes Enrollee’s full and unconditional agreement to these Terms and Conditions.

C. Duration of Program

The Program begins at 12:00 a.m. Eastern Time (“ET”) on October 3, 2006 and will continue until such time as Sponsor, in its sole and absolute discretion, elects to terminate the Program (the “Program Term”). Sponsor reserves the right to shorten, extend, modify, terminate, or cancel the Program, at its discretion, at any time as further described in Section I below. PLEASE NOTE: DUE TO THE PROGRAM SUNSET, (1) THE LAST DAY/TIME ENROLLEES CAN COLLECT POINTS WILL BE SEPTEMBER 6, 2024, AT 11:59 PM PT. AND (2) THE LAST DAY/TIME FOR REDEMPTION OF POINTS FOR REWARDS IS DECEMBER 3, 2024, AT 11:59 PM PT. FOR ANSWERS TO COMMON QUESTIONS RELATING TO THESE DEADLINES, PLEASE VISIT THE PROGRAM’S FAQ’s.

D. Enrolling in the Program; Video Privacy Consent Requirements

  1. PLEASE NOTE: DUE TO THE PROGRAM SUNSET, NO NEW ENROLLEES WILL BE ACCEPTED AS OF AUGUST 30, 2024.

E. License Grant

  1. Subject to these Terms and Conditions and solely within the Territory, Sponsor grants individuals a limited, personal, non-transferrable, non-assignable, revocable, non-exclusive and non-sublicensable license to: (a) use certain Sponsor-administered features and functionalities of the Platform accessible to individuals without creating an Account; and, if applicable (b) view and/or, as applicable, stream, download, re-download, render in real-time, install, store, display and/or engage with certain content and/or experiences, including without limitation, trailers, short-form content, images, artwork and other copyrightable materials, which may include audio, visual works and/or data (collectively, the “Content and Experiences”), accessible to individuals without creating an Account.
  2. Subject to these Terms and Conditions and in addition to the license grant provided in Section E.1. above, Sponsor grants to Enrollees a limited, personal, non-transferrable, non-assignable, revocable, non-exclusive and non-sublicensable license to: (a) use certain Sponsor-administered features and functionalities of the Platform accessible to Enrollees; and, if applicable (b) view and/or, as applicable, stream, download, re-download, render in real-time, install, store, display and/or engage with certain Content and Experiences accessible to Enrollees.
  3. The license grants provided in Sections E.1. and E.2. above each constitute license agreements and neither are agreements for sale or assignment. Sponsor may, in its sole discretion, add, modify and/or withdraw any features and functionalities of the Platform, including without limitation, any third party-administered features and functionality as further described in Section H.1. below and/or any or all Content and Experiences from the Platform at any time, with or without notice. The restrictions described in license grants provided in Sections E.1. and E.2. above do not apply solely to the extent that: (a) any such restriction is prohibited by applicable law; or (b) the action purported to be restricted is otherwise permitted by the licensing terms governing the use of any open-source software components included with the Platform, its features and/or functionality, provided however, that in such event, the licensing terms governing any such open-source software components will apply only to such open-source software components. Additional information pertaining to such open-source software components is provided in Section L. below.

F. Collecting Points

PLEASE NOTE: NOTWITHSTANDING ANY OF THE TERMS SET FORTH IN THIS SECTION F., DUE TO THE PROGRAM SUNSET, THE LAST DAY/TIME FOR MEMBERS TO EARN POINTS IS SEPTEMBER 6, 2024, AT 11:59 PM PT. PLEASE VISIT THE PROGRAM’S FAQ’S FOR FURTHER INFORMATION.

  1. Enrollees may collect Points only during the Program Term by: (a) entering Codes obtained from certain eligible physical products as further described below; (b) transacting for select digital entitlements via connected digital retailers or service platforms as further described below; (c) purchasing and/or verifying the purchase of eligible movie tickets as further described below; (d) answering specially-identified surveys; (e) qualifying for Bonus Points offers that may be presented by Sponsor from time to time; (f) interacting with certain communications as designated by Sponsor from time to time; and/or (g) other methods specified by Sponsor from time to time.
  2. Enrollees seeking to earn Points for eligible physical product purchases may do so by locating the Code associated with such eligible physical product purchase, promotional item, or as otherwise instructed, then entering the Code wherever indicated throughout the Platform and clicking on the “Go” or similar button. To determine the eligibility of a particular physical product, please refer to the insert or leaflet upon which the Code is printed and/or, if applicable, the outer packaging of such physical product. By redeeming a Code from an eligible physical product, an Enrollee represents that such Enrollee, or a member of such Enrollee’s family, obtained the Code in an original eligible physical product package and that such Code was not purchased or otherwise acquired separately. The aforementioned representation is a condition of redemption and of Enrollee’s ability to earn Points as described herein.
  3. Enrollees who have purchased a physical product and believe such physical product is eligible for Points, but is missing its accompanying Code, or Enrollees who have lost the applicable Code, should visit the Program’s FAQ’s for further information. Enrollees must have the original cash register receipt or digital receipt from the relevant retailer for the physical product, imprinted with the store’s name and a date of purchase dated prior to the end of the Program Term. Enrollees should exercise caution when purchasing eligible physical products, as certain sellers may remove and/or redeem Codes otherwise found inside such eligible physical products. Sponsor will not award Points in the event Sponsor, in its sole discretion, suspects Codes have: (a) been removed from otherwise eligible physical products; and/or (b) already been redeemed by third parties.
  4. Enrollees seeking to earn Points associated with transactions for select digital entitlements via connected digital retailers or service platforms may do so by first following the instructions on the Platform to link such Enrollee’s Account with a participating digital retailer or service platform account, then completing eligible digital transactions through such participating digital retailer or service platform as instructed by such participating digital retailer or service platform.
  5. Enrollees seeking to earn Points for purchasing eligible movie tickets may do so by: (a) manually submitting eligible movie tickets by clicking on the “Upload Tickets” button on the Website, then following the accompanying instructions; (b) first following the instructions on the Platform to link such Enrollee’s Account with a participating exhibitor/service, then purchasing eligible movie tickets through the platform associated with such participating exhibitor/service; or (c) first following the instructions on the Platform to link such Enrollee’s Account with an account administered by Atom Tickets, LLC, then purchasing eligible movie tickets through the Ticketing Service as further described in Section H.1. below. Except for special promotions specifically announced by Sponsor, including without limitation, “Bonus Points” periods as further described in Section F.6. below, Enrollees may only earn up to 1,200 Points per month per Account through the manual ticket submission process described above; however, Enrollees may earn an unlimited number of Points per Account through ticket purchases made in connection with a linked participating exhibitor/service or through the Ticketing Service as described above. Enrollees who earn Points through the purchase of tickets to an eligible movie in connection with a linked participating exhibitor/service will not be able to earn Points by manually submitting tickets for the same eligible movie. Discount tickets, special admissions and free screening passes will not be eligible for Points. Details regarding ticket purchases must be clearly and legibly printed by the ticket issuer on tickets submitted by Enrollees via the manual submission process described above in order to be considered eligible for awarding of Points. Only 1 ticket may be depicted in each ticket image manually submitted as described above and each such ticket image must not exceed 4 megabytes and shall be in a JPEG or PNG file type. For movie tickets manually submitted as described above, the corresponding movie showtimes associated with such ticket images must have taken place within 14 days of the movie showtime to be eligible for Points, provided however, that Enrollees may only submit their movie tickets beginning two (2) hours after the displayed movie showtime.
  6. At various times during the Program Term and in its sole discretion, Sponsor may declare “Bonus Points” periods during which the number of Points earned from purchases, transactions or other methods will increase (e.g., double, triple, etc.). Sponsor will indicate when there is an active Bonus Points period in effect on the Platform and/or by certain communications as determined by Sponsor. Enrollees who earn Points during such Bonus Points periods will earn the corresponding increase in the number of Points as set forth on the Platform and/or Sponsor communications, as applicable.
  7. Each Code may be used only 1 time. For eligible physical products, Points will only be awarded for 1 Code entry per title per format (e.g., UHD, Blu-ray, DVD, etc.) per Account. Enrollees will not earn Points for more than 5 valid Code entries associated with eligible physical products within a 24-hour period.
  8. Enrollees may not combine Points with or transfer Points to other Enrollees’ Accounts. With the sole exception of members of an Enrollee’s family living in the same household as Enrollee who obtain Codes in compliance with these Terms and Conditions and provide such Codes to such Enrollee for use in connection with the Enrollee’s Account, Enrollees may not combine Codes obtained by others for deposit into a single Enrollee’s Account, nor utilize, transfer, sell, or otherwise dispose of Codes in any manner in violation or attempted subversion of these Terms and Conditions. Any attempt to combine or transfer Codes or Points in violation of these Terms and Conditions will result in disqualification from the Program and forfeiture of all Points in any Enrollee’s Account. Sponsor reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Sponsor believes (in its sole discretion) that an Enrollee (or Enrollees) have violated this Section F.8.
  9. Sponsor reserves the right to change, add, or remove the methods by which Enrollees can collect Points.
  10. Once an Enrollee successfully completes any of the Points-earning processes described above, the applicable number of Points shall be added to such Enrollee’s account (subject to the terms of Section 11 below).
  11. Points are subject to revocation if Sponsor, in its sole discretion, suspects that: (a) such Points have not been obtained in accordance with these Terms and Conditions and/or through legitimate transactions and/or activities, as applicable; or (b) any part of the transactions and/or activities completed by Enrollee to obtain such Points, including without limitation, any Codes, original receipts, proofs of purchase, physical eligible movie ticket stubs and/or transaction confirmation emails submitted by Enrollee herein is deemed by Sponsor, in its sole discretion, to be counterfeit, altered, defective, duplicative, tampered with or irregular in any way.
  12. Enrollees may collect Points via the methods set forth above only during the Program Term, unless otherwise modified by Sponsor in its sole and absolute discretion.
  13. Points have no cash value and are only redeemable: (a) for Rewards offered via the Program and during the Redemption Term; and (b) pursuant to these Terms and Conditions.
  14. Any Points remaining in an Enrollee’s Account which has remained inactive for a period of 365 consecutive days or more will be forfeited without compensation. Failure to earn Points as described in this Section F or redeem for Rewards as described in Section G below (whether through the redemption of Points or otherwise) as described in Section G below constitutes inactivity for purposes of this condition.

G. Redeeming Points

PLEASE NOTE: NOTWITHSTANDING ANY OF THE TERMS SET FORTH IN THIS SECTION G., DUE TO THE PROGRAM SUNSET, THE LAST DAY/TIME FOR MEMBERS TO REDEEM THEIR POINTS IS DECEMBER 3, 2024, AT 11:59 PM PT. ALL POINTS THAT HAVE NOT BEEN REDEEEMED BY THIS DEADLINE SHALL BE FORFEITED UPON PROGRAM CLOSURE ON DECEMBER 4, 2024. PLEASE VISIT THE PROGRAM’S FAQ’S FOR FURTHER INFORMATION.

  1. Enrollees may redeem their Points for products, discounts, offers and other items of value (“Rewards”) listed in the “Rewards Catalog” section of the Platform while supplies last and only during the Redemption Term, as defined in Section C above. The “Rewards Catalog” will list the corresponding Point value required to redeem each Reward.
  2. To redeem Points during the Redemption Term, Enrollees must select a Reward still available and in stock for which Enrollees have accumulated sufficient Points for redemption (and for which Enrollees have met any additional redemption terms, as indicated in a particular Reward description), click the “Redeem” or similar button corresponding to the item an Enrollee wishes to redeem and follow the links and instructions on the Platform to complete the redemption process. As part of the redemption process, Enrollees may receive a confirmation email and/or, when applicable, an email containing: (a) the actual item Enrollees have redeemed in the form of a digital code, coupon, etc.; or (b) instructions on how to access, download and receive the applicable Reward. Emails will be sent to the email address associated with an Enrollee’s Account. Any applicable duties or taxes (including but not limited to taxes on the importation of goods into Canada) associated with or arising from an Enrollee’s redemption of a Reward and/or shipment of such Reward to an Enrollee are not included and will be Enrollee’s sole responsibility.
  3. Certain Rewards are administered, in whole or in part, by affiliates of Sponsor and/or by third parties and as such, additional terms and conditions may apply to an Enrollee’s use of such Rewards. In such event, material details pertaining to any applicable additional terms and conditions will be included in the “Rewards Catalog” section of the Platform. Enrollees are solely responsible for informing themselves with respect to any such third parties, including without limitation, any applicable additional terms and conditions associated with a particular Reward.
  4. All Point redemptions for Rewards are final.
  5. Sponsor reserves the right to modify or remove Rewards from the “Rewards Catalog” at any time and/or modify the Points necessary to redeem any Rewards at any time and for any reason in Sponsor’s sole and absolute discretion. As a condition to an Enrollee’s successful redemption of a Reward, Sponsor reserves the right to require such Enrollee to submit proof including, but not limited to, (a) original official insert, leaflet or card bearing the Code; (b) original receipt(s) and proof(s) of purchase; (c) original eligible movie ticket stub(s); and/or (d) any transaction confirmation email(s).

H. Offers/Promotions; Third Party-Administered Features/Functionality; Content/Experiences

  1. Throughout the Program Term, Sponsor may feature, within the Program, certain: (a) offers and promotions, including without limitation, sweepstakes, contests, coupons and free or discounted products and/or services; (b) third party-administered features and functionality, including without limitation, social engagement functionality such as the ability for individuals to “like” or “share” certain Platform content (collectively, the “Social Engagement Functionality”) and/or the ability for individuals to purchase certain movie tickets through a third party-hosted and administered ticketing service (the “Ticketing Service”); and (c) Content and Experiences (together with the offers and promotions and third party-administered features and functionality described herein, “Offers, Third Party-Administered Features and Content”). In such event, material details pertaining to such Offers, Third Party-Administered Features or Content, including without limitation, any terms and conditions associated with such Offers, Third Party-Administered Features or Content, will be listed within and/or made available through the Platform and/or, as applicable, the third party platform involved in the Offer, Third-Party-Administered Feature or Content.
  2. Some Offers, Third Party-Administered Features or Content may require additional information and/or authorizations, including without limitation, consent for the Platform to access and use certain information associated with the Disney Movie Insiders-Compatible Device upon which the website is used, including without limitation, the Disney Movie Insiders-Compatible Device’s: (a) proximate or precise geolocation information; (b) camera; and/or (c) photo library. In such event, material details pertaining to such required additional information and/or authorizations, including without limitation, any terms and conditions applicable to such additional information and/or authorizations, will be listed within and/or made available through the Platform and/or, as applicable, the third party platform involved in the Offer, Third-Party-Administered Feature or Content.
  3. Sponsor does not control the third party-administered features and functionality featured within the Program, if any. Use of such third party-administered features and functionality may require individuals to leave the Platform and engage with the applicable third party’s website, application or service. In such event, individuals will be subject to such third party’s terms and conditions and privacy policy and Sponsor assumes no responsibility or liability in connection with such third party, its website, applications, services, terms and conditions and/or privacy policy. Individuals should read the terms and conditions and privacy policies that apply to the third party-administered features and functionality that such individuals wish to use. By way of example only, purchases of movie tickets through the Ticketing Service are subject to the applicable terms and conditions and privacy policy of Atom Tickets, LLC.

I. Modifications and Termination of the Program

  1. Sponsor reserves the right to modify any of the Terms and Conditions set forth herein -- including, but not limited to, the length of the Program Term or Redemption Term, methods by which Enrollees can collect Points, the eligible Rewards, the number of Points associated with the redemption of eligible Rewards, the number of transactions through which Enrollees may collect Points, the number of Points that may be redeemed through the Program, and any of the options made available to Enrollees with respect to their Accounts -- at any time, with or without notice, even though such changes may affect an Enrollee’s ability to collect or use their Points.
  2. Sponsor reserves the right to cancel or terminate the Program at any time, for any reason, with or without notice, even though cancellation or termination may affect an Enrollee’s ability to collect or redeem their Points. As of August 30, 2024, Sponsor has announced the Program Sunset, and Enrollees will have (a) until September 6, 2024, at 11:59 PM PT to earn Points, (b) until December 3, 2024, at 11:59 PM PT to redeem Points for Rewards, and (c) until December 3, 2024, at 11:59 PM PT to access any digital rewards they have in their Disney Movie Insiders account. Any Points remaining in an Enrollee’s Account as of December 4, 2024, at 12:00 AM PT will have no value of any kind and will be forfeited without compensation. Please visit the Program’s FAQ’s for answers to additional questions relating to the Program Sunset.
  3. An Enrollee’s continued participation in the Program constitutes Enrollee’s acceptance of any changes to these Terms and Conditions and/or any updates or modifications to, or replacement versions of, the Platform, which will, in each instance, remain subject to these Terms and Conditions. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available via the Platform and will supersede all previous versions of these Terms and Conditions. If an Enrollee does not agree to these Terms and Conditions at all times, such Enrollee should request their Account with the Program be closed and any Points associated with such Enrollee’s Account will be forfeited without compensation. Enrollees may learn more about submitting such requests by visiting the Program’s FAQ’s.

J. General Terms and Conditions

  1. By enrolling in the Program and as an ongoing condition to Enrollee’s good standing with the Program, Enrollee agrees to authorize: (a) Sponsor’s collection, storage and use of certain personal information of Enrollee by Sponsor, its affiliates and third party service providers, including without limitation and as applicable, information regarding such Enrollee’s Account and use of the Program, as well as titles and descriptions of audiovisual selections associated with Enrollee’s Account with the Program, for the purposes of administering the Program, distributing Rewards, delivering more relevant and interesting content, marketing, advertisements and promotions, as well as improving Sponsor’s and the Program’s respective services and products; and (b) the collection, storage and use by Sponsor of Enrollee’s submitted personal and other information, in a manner consistent with  The Walt Disney Company Privacy Policy. The terms of The Walt Disney Company Privacy Policy are incorporated herein by reference. Once enrolled in the Program, if an Enrollee later wishes to withdraw such Enrollee’s authorization for Sponsor to collect, store and share information regarding such Enrollee’s Account and use of the Program as described herein be withdrawn, Enrollees may submit such requests by contacting Member Services. Enrollees may learn more about submitting such requests by visiting the Program’s FAQ’s. Please note, however, that any such request by Enrollee to withdraw the aforementioned authorization will result in the closure of Enrollee’s Account with the Program and any Points associated with such Enrollee’s Account will be forfeited without compensation.
  2. Enrollee understands and agrees that personal information submitted by Enrollee may be transferred to and/or stored on servers in the United States of America, and therefore may be subject to U.S. law, and/or disclosure to or access by U.S. authorities in accordance with or as required by U.S. law or courts.
  3. All Codes are owned by Sponsor and Enrollees may use Codes only as specifically authorized under these Terms and Conditions. The sale, distribution or purchase of Codes outside of the methods set forth in these Terms and Conditions is unauthorized. Sponsor specifically prohibits the transfer of Codes on any online sales platform. Sponsor reserves the right to invalidate any Codes it suspects have been sold, distributed or purchased in a manner inconsistent with these Terms and Conditions. Sponsor reserves the right, in its sole discretion and without notice or liability to impacted Enrollees, to restrict, suspend and/or discontinue the participation privileges of any Enrollee who Sponsor believes has engaged in any fraudulent activity or has used the Program in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, municipal, territorial or local laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated Points. In addition to discontinuance of participation privileges, Sponsor will have the right to take appropriate administrative and/or legal action as it deems necessary in its sole discretion.
  4. The Program is provided to individuals only, provided however, that an Enrollee may allow members of such Enrollee’s family living in the same household as Enrollee to access and use such Enrollee’s Account, though in such event, these Terms and Conditions, the applicable TWDC Terms of Use and The Walt Disney Company Privacy Policy, as well as any Enrollee authorizations with respect to Enrollee’s Account will also apply to any such family member’s access to and/or use of Enrollee’s Account, the Program and/or the Platform. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Points for combined use.
  5. Points do not constitute property of an Enrollee and may be revoked at any time by Sponsor as set forth herein. Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
  6. Enrollees are responsible for ensuring the accuracy of their Account and that the information associated with their Account, including without limitation, the email address associated with an Enrollee’s Account, is up-to-date. Enrollees are encouraged to check their Account regularly and update the information associated with their Account as soon as such updates are necessary. Enrollees are solely responsible for: (a) maintaining the confidentiality and security of their Accounts, including without limitation, the password associated with an Enrollee’s Account; and (b) all activities that occur on or through an Enrollee’s Account. Enrollees will immediately notify Sponsor of any suspected fraudulent and/or unauthorized use of such Enrollee’s Account. Sponsor will not be responsible for any losses arising from any fraudulent and/or unauthorized use of an Enrollee’s Account.
  7. Sponsor reserves the right, in its sole discretion and without notice or liability to impacted Enrollees, to restrict, suspend and/or discontinue the participation privileges of any Enrollee who Sponsor believes has engaged with the Program, other Enrollees and/or Sponsor, its related companies, parents, subsidiaries, affiliates and/or designees in a manner that Sponsor determines, in its sole discretion, to be abusive, offensive, inappropriate or objectionable.
  8. Sponsor is not responsible for any incorrect or inaccurate information supplied by Enrollees while participating in the Program.
  9. All questions or disputes regarding eligibility for the Program, collecting or redemption of Points, or an Enrollee’s compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.
  10. In order to access and use the Platform as described in these Terms and Conditions, individuals must have Internet access. Certain elements of the Platform, including without limitation, certain Content and Experiences require or perform optimally with a high speed Internet connection.

K. Limitation of Liability

  1. Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Platform or any related or supporting online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Sponsor, its related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (“Releasees”) will have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR PRODUCTS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SPONSOR IMPROPERLY DENIES AN ENROLLEE ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND 1 YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Sponsor, its related companies, parents, subsidiaries and affiliates, and each of their respective officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by Rewards providers. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PROVIDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to all Enrollees. Enrollees agree to rely solely on the Reward manufacturer’s warranties, if any, for any such Rewards redeemed through this Program.
  2. As a condition of participating in this Program, Enrollee agrees that: (a) any action at law or in equity arising out of or relating to these Terms and Conditions, the Program and/or the Platform will be filed, and that venue properly lies, only in state or federal courts located in Los Angeles, California and Enrollees hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action; (b) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys’ fees; and (c) under no circumstances will Enrollee be permitted to obtain awards for, and Enrollee hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
  3. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principals of conflicts of law. Sponsor makes no representation that the content on the Platform is appropriate or available for use in any particular location. Those who choose to access the Platform act on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
  4. These Terms and Conditions constitute the entire agreement between Enrollees and Sponsor pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions will be deemed or will constitute a waiver of any other provisions hereof (whether or not similar), nor will waiver constitute a continuing waiver unless otherwise expressly provided.
  5. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

L. Open Source Software Components

The Platform incorporates the following open-source software components (which are subject to change and update):