ATOM REWARDS PROGRAM TERMS AND CONDITIONS

Last Updated: March 31, 2019

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE ATOM REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THE ATOM REWARDS PROGRAM.

1. GENERAL INFORMATION AND OVERVIEW.

The Atom Rewards loyalty program (the “Atom Rewards Program” or simply, the “Program”) consists of a single, free membership tier. These Atom Rewards Program Terms and Conditions (“Program Terms”) govern the various loyalty rewards that Atom offers in connection with the Program. The Program is offered exclusively by Atom Tickets, LLC or its licensees (collectively “Atom or “Atom Tickets,” also referred to as “we”, “us”, “our” and/or “ours”). Atom reserves the right, in its sole discretion, to change, limit, modify or eliminate the Program or any portion thereof, and/or all or any portion of these Program Terms (or any policy, FAQ or guideline pertaining to the Atom Rewards Program), at any time for any reason or no reason without notice to Atom Rewards Program members, so it is important to periodically check the Program Terms. These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with Atom for other products and services, such as Atom Gift Cards. All capitalized terms not otherwise defined in these Program Terms are defined in Atom’s Terms of Use.

Your use of any Program benefits at any time subjects you, the user (“you”, “your”, “yours” and/or “member”), to these Program Terms, as amended from time to time. BY CREATING AN ACCOUNT, YOU AGREE (OR, IF YOU ARE A MINOR 13 YEARS OF AGE OR OLDER, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE PROGRAM TERMS AND ANY SUBSEQUENT MODIFICATIONS. NO PURCHASE IS NECESSARY TO BECOME A MEMBER. Atom Rewards Program membership and its benefits are offered at the sole discretion of Atom. If, at any time, you do not accept the Program Terms or become dissatisfied with the Program, your sole remedies are to no longer use any Atom Rewards Program benefits or to terminate your Atom account. Please review the Atom Rewards FAQs, Atom’s Terms of Use and Atom’s Privacy Policy for additional information. Please read Atom’s Privacy Policy carefully to understand how Atom collects, uses and discloses information about customers and how to update or change your personal information and how we communicate with you.

NOTICE OF ARBITRATION PROVISIONS: Your participation in the Program is subject to the binding individual arbitration provisions outlined in Atom’s Terms of Use. Please review those arbitration provisions carefully and do not use Atom’s Services if you are unwilling to arbitrate any disputes you have with us as provided in the Terms of Use.

The Program is intended for personal use only. Commercial use is prohibited. This Program is not targeted towards, nor intended for use by, anyone under the age of 13. The Program is void where prohibited by law.

There are no membership fees associated with the Atom Rewards Program. To earn or apply offers, rewards, or benefits (“Rewards”), your account must be active at the time of purchase. You will not be credited or awarded retroactively for any purchases made without an active membership account presented at the time of purchase except as expressly set forth herein. Rewards earned under the Atom Rewards Program are promotional, have no cash value outside of the Atom Rewards Program, and do not constitute property of any Atom Rewards Program member. Membership in the Program, and any Rewards earned by your participation in the Program, may not be bought, sold, assigned, bartered, traded, transferred or combined or merged with any other Atom Rewards Program member’s account, and are subject to Atom’s Privacy Policy. Atom is not responsible for the use of Rewards from an account that has been lost, stolen, or otherwise used without your permission.

You agree to abide by the final and binding decisions of Atom regarding the Atom Rewards Program and your participation in it. Atom is the sole arbiter of all issues relating to the Program, including a decision to add or remove Rewards. All of Atom’s decisions relating to the Program are final.

2. MEMBERSHIP & ELIGIBILITY – JOINING THE ATOM REWARDS PROGRAM.

a. Eligibility. Membership in the Program is open to individuals 13 years of age and older who: (i) provide a valid e-mail address; (ii) reside in the United States, Guam, Saipan or Canada; and (iii) are otherwise eligible to use Atom Tickets pursuant to our Terms of Use. Corporations, partnerships, associations, groups and other business entities are excluded. Any other exclusion from membership will be at Atom’s sole discretion. By joining or otherwise participating in the Program, you represent and warrant that you are at least 13 years of age or older. If you become ineligible for the Atom Rewards Program, you must provide notice of such ineligibility to Atom here and cease using your Atom account immediately. Atom may limit the number of Atom Rewards Program members and may temporarily or permanently discontinue enrolling new members at any time and for any reason with or without notice.

b. Joining the Atom Rewards Program. There is no fee to enroll in the Atom Rewards Program. You are automatically enrolled in the Program when you create an Atom Tickets account. So you can enroll in the Program by going to www.atomtickets.com or downloading the Atom Tickets mobile app to your Android™ or iPhone® device and following the prompts to create an Atom Tickets account. The registration process may require that you provide a username, password, e-mail address, telephone number, billing zip code, name and marketing preferences. You may only have one (1) account that is personal to you.

c. Responsibility for Providing Valid Account Information and Ensuring No Unauthorized Use. You are responsible for ensuring the security of your log-in credentials and account information. Atom has no obligation to provide or reimburse for Rewards for and is not responsible for any loss you may incur as a result of, any unauthorized or suspected unauthorized use of the Program, your Atom account, your log-in credentials or other account information. You agree to immediately notify Atom of any unauthorized use of your login information or any other breach of security related to your account or the Atom Rewards Program. You should change your password regularly to ensure the security of your account. All information that you provide to Atom in connection with your Atom account and participation in the Program must be true, accurate, current, and complete. You are responsible for updating your account information so that it remains true, accurate, current, and complete at all times.

d. Termination of Rewards or Account. Atom reserves the right to terminate or alter any or all of the Rewards available under the Program at any time with or without notice. In the event of our termination of the Program, at our election we may maintain Rewards until expiration of special offers.

Atom further reserves the right to terminate a membership, including any associated accounts, with or without notice, for any reason in our sole discretion, including, without limitation, our belief that: (i) you have engaged in fraud; (ii) you have violated (or that your continued use of the Program would violate) any provision of these Program Terms, Atom’s Terms of Use, or applicable law; or (iii) your continued use of the Program would otherwise be harmful to our interests. In the event of any such termination by Atom, existing Rewards will be valid until the stated expiration date, unless earned Rewards (if any) were a result of fraudulent behavior. Any Rewards earned as a result of fraudulent behavior will be forfeited. Examples of fraudulent behavior that may result in immediate cancellation or Reward forfeiture include but are not limited to: (1) making purchases and then refunding in an attempt to inflate spending or transactions on your account; (2) posting your Rewards (rewards, benefits, redemption codes, offers, etc.), or an account number, on websites or social media or otherwise reproducing any such information for use by third-parties or public websites.

Atom further reserves the right to terminate your account and membership in the Atom Rewards Program immediately and with or without notice if you do not make any purchases or otherwise have any qualifying account activity for a period of two (2) consecutive years. If your Atom Rewards Program membership is terminated and rendered inactive, all accumulated Rewards (if any) are void.

Because all Atom accounts automatically participate in the Atom Rewards Program, if you do not wish to participate in the Program, you must terminate your Atom account. Further, since having an Atom account is a requirement to participate in the Atom Rewards Program, termination of your Atom account (either by you or Atom) will result in the automatic termination of your participation in the Program. Termination of your Atom account (either by you or by Atom) will result in the forfeiture of any earned Rewards then associated with your account. If you later elect to re-open an Atom account, you will not have access to any previously earned Rewards associated with your Atom Rewards Program membership.

3. ATOM REWARDS PROGRAM FEATURES.

a. Exclusive Offers and Promotions. Through the Program, Atom may offer members, from time to time and in its sole discretion, early or extended or exclusive access to certain promotions, offers, presales or select screening offers, which may be limited to participating theaters or select locations. Atom Rewards Program members may also be offered personalized offers. Certain Rewards may be valid only until the expiration date indicated in the details, and other restrictions or exclusions may apply. You must read the terms of each offer and Reward carefully for specific details, expiration dates, limitations, and restrictions, and to learn when Rewards will be awarded and when they will expire.

All Rewards associated with the Program are subject to availability. The Rewards offered through the Program are personal to you (and some may be customized based upon your purchase behaviors and preferences), have no cash value (except where required by law) and cannot be shared, copied, transferred, exchanged, sold, or returned. Some offers or Rewards may only be available to residents of a particular country, state, or region. Rewards are subject to change, alteration, substitution, or termination by Atom in its sole discretion at any time and without prior notice to you.

Atom Rewards Program members may also be eligible, from time to time, for sweepstakes, contests, or other promotions (“Events”). Participation in Events shall be subject to the terms, conditions, and rules published at the time of such Events and applicable laws. Atom Rewards Program members may receive automatic entry with each use or multiple uses of their account to make a qualifying purchase pursuant to the terms of such Events.

b. Website and App Features. Atom Rewards Program members, by having an Atom account, have exclusive access to certain functionality of the Atom Tickets Website and/or App. These features and functions may change, expand, or end, from time to time, at Atom’s sole discretion with or without prior notice.

4. ATOM REWARDS OFFERS.

From time to time, Atom may offer promotions, contests, sweepstakes or offers to Atom Rewards Program members (each being an “Atom Rewards Offer”). Each Atom Rewards Offer may be subject to its own terms and conditions, as well as our general Promotion Terms and Conditions and these Program Terms. The details and terms for select Atom Rewards Offers will be available for review directly via the Atom Tickets Promotions page. For other Atom Reward Offers, the link for the details and terms of that offer will be included on relevant promotional material.

5. INCORPORATION OF ATOM TERMS OF USE AND PURCHASE TERMS. These Program Terms complement and incorporate by reference the Atom Tickets Terms of Use and the Atom Tickets Purchase Terms, including but not limited to the Terms of Use provisions regarding Registration, User Conduct, Indemnification, Disclaimer of Warranties, Limitation of Liability, and Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. In the event of any conflict between these Program Terms and the Atom Tickets Terms of Use, the Atom Tickets Terms of Use control.

6. TAXES. Rewards, benefits, offers, prizes, gifts, and/or discounted or free movie tickets provided to you in connection with the Program may be taxable, depending upon the value of the item and applicable federal, state and local tax laws. You are solely responsible for payment of any applicable taxes and any applicable tax reporting obligations.

7. COMMUNICATIONS. By creating an account or otherwise participating in the Program, you agree to receive transactional, promotional and/or offer update e-mails and/or notifications from Atom. Members may unsubscribe from e-mails at any time via the unsubscribe link in those e-mails provided, however, if you unsubscribe from Atom e-mails you may no longer receive Program Rewards that are distributed by e-mail.